Legislature(2025 - 2026)ADAMS 519
04/08/2025 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| HB101 | |
| HB28 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 101 | TELECONFERENCED | |
| + | HB 28 | TELECONFERENCED | |
| += | HB 10 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 101
"An Act relating to civil claims by victims of sexual
abuse to a minor; relating to homicide; relating to
assault in the third degree; relating to stalking;
relating to sexual abuse of a minor; relating to
enticement of a minor; relating to endangering the
welfare of a child; relating to indecent exposure;
relating to sending an explicit image of a minor;
relating to solicitation or production of an indecent
picture of a minor; relating to distribution of
indecent material to minors; relating to the testimony
of children in criminal proceedings; relating to
sentencing; and providing for an effective date."
1:41:03 PM
REPRESENTATIVE ANDREW GRAY, SPONSOR, introduced the bill
with prepared remarks:
Thank you to the co-chairs and to the finance
committee for allowing me to present this important
piece of legislation today. For the record, my name is
Andrew Gray; I am the representative for house
district 20 the U-Med district in Anchorage.
Alaska has the highest rate of rape in the country,
which is over three times the national average. We
also have one of the highest rates of child sexual
assault in the country nearly six times the national
average according to the UAA Justice Center's Alaska
Victimization Survey. That 2020 survey found that over
35 percent of Alaskan women report being sexually
abused before the age of 18.
Advocates from Alaska's domestic violence and sexual
assault organizations have consistently identified
that Alaska's low age of sexual consent presents a
unique risk factor for minors who are 16 and 17 years
old. And that is the reason for this bill the goal
is to reduce the amount of rape and sexual assault
affecting Alaska's young people. Under current
statute, 16 and 17-year-old individuals can legally
consent to sex, meaning that in the case of a sexual
assault, these minors must prove that they did not
consent to sex in court. This makes prosecution of
cases of sexual assault and sex trafficking more
difficult.
An example: In late December 2023 in Soldotna, a 63-
year-old law enforcement officer by the name of Vince
Peronto was sentenced to 8 years in prison for
attempted sexual abuse of a minor in the second
degree. In 2018 He had pulled over a 16-year-old
female while driving, then started exchanging
flirtatious text messages with her. When her father
found out, he contacted law enforcement, and they set
up a "sting" operation to catch him attempting to meet
up with her for sex. The only reason this was
considered criminal is because he was an officer and
was thus in a position of authority (which is already
a crime). If he hadn't been with law enforcement if
he had just been a friend of her parents or anyone
else NOT in a position of authority, it would have
been perfectly legal for that 63-year-old to meet up
with that 16-year-old for sex.
You may ask why we don't hear more about these cases.
The reason why is that legal sexual relationships
don't get reported in the news. Sex between older
adults and 16- and 17-year-olds is NOT currently
against the law, except under very specific criteria,
and therefore we don't hear about it, but parents have
called crisis hotlines describing how their teens are
being manipulated and coerced by adults for sex but
there is no legal recourse for those parents. Our
statutes do not protect 16 and 17 years old from
predators in Alaska.
House Bill 101 increases the age of consent in to 18,
closing the loophole that has left 16 and 17-year-old
children unprotected. A four-year close-in-age
exemption is retained in this bill as you see it in
front of you, but we have heard from some stakeholders
that they would like to increase that range. I'd like
this committee to know that I am open to an amendment
or a committee substitute that increases the close in
age exemption and am happy to talk about that. This
Romeo and Juliet clause, as it is often called, allows
for a 16- or 17-year-old to legally consent to sex
with their peers which should be allowed. The intent
of this bill is not to criminalize consensual sex
among teenagers; the goal is to make it more difficult
for 16 and 17 years old to be victims of sexual
assault and sex trafficking.
If we pass this House Bill 101 Alaska would have the
same age of consent as Florida, Kentucky, Idaho, Utah,
and Arizona, to name a few.
1:45:28 PM
Representative Gray continued to explain the bill with
prepared remarks:
HB 101 also makes changes for consistency in several
other areas of criminal statute that treat 16 and 17-
year-olds differently than other minors, such as
criminalizing the sending of explicit images of 16 and
17-year-olds currently sending photos of nude 16-
and 17-year-olds is not a crime, but it should be.
What these additional changes do and this is why
this bill is so long is make our statutes consistent
a minor would truly be anyone under the age of 18;
we would get rid of this carve out where 16- and 17-
year-olds are treated as adults with regards to sex.
CLAIRE BREDAR, STAFF, REPRESENTATIVE ANDREW GRAY, provided
a review of the sectional analysis (copy on file). She
introduced it with prepared remarks:
Sections 1-6
These sections amend multiple statutes to update the
definition of a minor, raising the age from 16 to 18
years old in cases related to specific criminal
offenses.
Section 1: AS 09.55.650(a) Claims based on sexual
abuse of a minor
Section 7
Amends AS 11.41.434(a)(3) to specify that an offender
18 years of age or older commits sexual abuse of a
minor in the first degree if they engage in sexual
penetration with a person under 18 years of age.
Section 8
Amends AS 11.41.436(a) to expand the definition of
sexual abuse of a minor in the second degree to
include 16- and 17-year-olds, in addition to the
existing provisions for 13-, 14-, and 15-year-olds.
Section 9
Amends AS 11.41.438(a) to expand the definition of
sexual abuse of a minor in the third degree to include
16- and 17-year-olds, in addition to the existing
provisions for 13-, 14-, and 15-year-olds.
Sections 10-27
These sections modify various statutes to update the
legal definition of a minor, changing the age
threshold from 16 to 18 years old for crimes related
to child endangerment, indecent exposure,
solicitation, and sentencing guidelines.
Section 30
Repeals AS 11.41.436(a)(6), 11.41.440(a)(2); and AS
12.63.100(7)(C)(ii).
Section 31
Clarifies the applicability of the amended statutes.
Section 32
Provides for an effective date.
Co-Chair Foster moved to invited testimony. He recognized
Representative Justin Ruffridge in the room.
1:48:11 PM
KEELY OLSON, EXECUTIVE DIRECTOR, STANDING TOGETHER AGAINST
RAPE, ANCHORAGE (via teleconference), spoke in support of
the legislation with prepared remarks:
My name is Keeley Olson, and I am testifying in
support of HB 101, which among other things raises the
age of consent to sexual acts for teens from the age
of sixteen to eighteen.
When I first met Representative Gray, he asked me what
the legislature might accomplish that would have the
greatest impact on the high rates of sexual violence
in Alaska. I told him protecting minors from sexual
assault would be the most impactful thing that could
be done. Vulnerable minors are often left without
access to sufficient aid and resources after a sexual
assault because of the age of consent, and so often
predatory offenders are not held accountable for their
actions.
I gave Representative Gray several examples of the law
failing teens, but the clearest one I can provide to
you today is that of a former legislative aide,
Benjamin Anderson-Agimuk who in 2020 at the age of 27,
was charged in Bethel with two counts of furnishing
alcohol to a person under 21, and one count of sexual
assault of a minor under the age of 13. The details
leading up to the sexual assault of an 11 year old
girl are disturbing yet clearly illustrate the way
current law fails teens and jeopardizes our state's
most vulnerable residents.
His charges resulted from an incident that was the
second time in a month that police had responded to
claims the suspect had sex with a minor after
furnishing them alcohol. The first incident: According
to court documents, police responded to a call on
March 5 of a juvenile girl who passed out on the
street. When officers arrived, the 16-year-old girl's
mother said the suspect gave her daughter alcohol and
then had sex with her.
According to the police affidavit, Anderson-Agimuk
responded to questioning by police that "even if he
did have sex with her, she was 16 so it was legal."
While he was detained, police applied for a warrant to
collect DNA evidence. While waiting for that warrant,
the suspect's attorney demanded his release and police
complied. They were unable to locate him after the
warrant came through.
The second incident: Less than a month later, on April
2, the charges say that police responded to a 911 call
reporting a 14-year-old girl and an 11-year-old girl
lying on the ground in front of the Kuskokwim
Consortium Library. According to the charging
document, the 11-year-old told police she had been
raped by the suspect. The girl said he had gotten her
and the 14-year-old drunk and high on cannabis. The
11-year-old told police that she had been able to
protect the 14-year-old from being raped as well.
Police located the suspect and arrested him the same
day. His bail was set at $50,000. In 2023, he pled
guilty and was sentenced to 36 years in prison. Note
that he was never held accountable for the alleged
rape of the sixteen year old a few weeks earlier, and
in fact the only charge he faced for that incident was
furnishing alcohol to a minor.
I believe this case clearly illustrates the difference
in the way a case involving a sixteen year old is
swept under the rug while the offender goes free to
brazenly escalate his predatory nature toward
children.
It also illustrates that while the age of consent may
not be a matter of substantial importance to many
adults, there is a specific population that pays a
great deal of attention to this law?predators.
Sixteen and Seventeen year olds are minors. They are
children, and I'm not saying this in a dismissive way.
They cannot legally enter into a contract on their
own, they cannot rent a motel room, or a car, they
cannot enter a bar, they cannot get a credit card or
even open a bank account without an adult signer on
the account.
Juvenile offenders under the age of eighteen are
treated in ways significantly different from adult
offenders. There is an entirely separate justice
system set up to deal with them, and they have certain
rights that must be upheld, because as a society we
recognize children should not be treated as adults.
Except for rare instances where a minor is charged as
an adult for exceptionally heinous crimes, the State
must take certain actions to attain that exception.
Why then, are victims of sexual assault in the State
of Alaska treated as though they are adults with the
full rights and responsibilities of adults?
STAR often receives heartbreaking calls on its crisis
line from parents desperate to help their teen
children who have been manipulated into sexual
relationships with predatory adults. It is
heartbreaking, because there is little help STAR can
offer in such circumstances. The parent of a sixteen
or seventeen year old is unable to obtain a protective
order on behalf of their child. While the law may
allow it, Judges and Magistrates are reluctant to do
so without the minor being present and requesting it
themselves. Minors over sixteen must petition the
court directly and provide sworn affidavits of their
need for protection, detailing the situations in
documents open to the public and testifying before an
open court.
Teens manipulated by predatory adults into sexual
relationships are vulnerable to trafficking. For all
the work the State has done in amplifying trafficking
statistics and the need for interventions, protecting
all minors is a helpful way to start making a
difference for trafficked youth.
1:54:30 PM
Ms. Olson continued to read from prepared remarks:
For those teens who later realize the negative
ramifications of having been manipulated into a sexual
relationship and controlled by a predatory adult, they
may feel reluctant to contact their parents or friends
for help. They may feel estranged and unable or
unwilling to admit they need help. A teen is unable to
stay at a domestic violence shelter without an
accompanying adult. They may not have access to any
funds and safety planning with them is challenging.
All we can do at STAR is attempt to help them reunify
with their family and seek their own protective order.
Often, crimes of sexual assault against teens are
reported to law enforcement and investigated at
length, but the burden of proof to overcome the issue
of consent is so high that these cases go uncharged
and unprosecuted.
In 2023, the Anchorage Police Department investigated
sex crimes involving 68 teens aged sixteen and
seventeen. Eleven of the cases involved either
indecent exposure or the creation or possession of
child sexual abuse material. The remainder were
investigations of sexual assault or abuse.
The Alaska 2023 Felony Level Sex Offenses Report
showed more than half of all victims of sex crimes are
under the age of eighteen. [518 victims statewide were
over eighteen, while 732 were under eighteen]. The
suspects were overwhelmingly over the age of 18 [77
percent, not accounting for those whose ages were
unknown]. The vast majority of those causing harm
tended to be adults and the majority of those being
harmed by sexual violence were children.
Unfortunately, the State report does not break down
ages beyond the range of 11 17 years of age.
It is a miscalculation to look at this bill as
addressing only statutory rape. This bill would
greatly benefit older teens who are victims of
forcible rape and alcohol- and drug- facilitated rape
as well. Overcoming the burden of consent is a tough
proposition for adults, it should not be so for
children.
This bill aligns with Alaska's age of marriage law. A
sixteen or seventeen year old cannot marry someone
outside the same age range included in this bill, even
with their parents' consent.
Adverse childhood experiences (ACES) and their
repercussions are more and more on the forefront of
Alaskan's minds. High ACES scores underly many
challenging and chronic health conditions for adults.
Intervention and resilience-building is critical to
dampening the long-term consequences of harm.
1:57:12 PM
Ms. Olson continued to provide prepared remarks:
Youth who are sexually assaulted are much more
vulnerable to ongoing harm. Years of research has
shown that nearly half (49 percent) of all female
survivors experienced some form of revictimization
over the course of two years. Unwanted sexual contact
was the most common form of revictimization followed
by coercion, attempted or completed forcible assault,
and attempted or completed substance-facilitated
assault.
Without appropriate response and crisis intervention,
youth are at higher risk to experience repeat
victimizations. This can be avoided by making sexual
assaults against minors a priority and making sure
they are able to access the healing resources they
need. This is impossible if they feel they are not
protected, aren't taken seriously, or that they are
somehow to blame for their own victimization.
Along with the highest rates of sexual assault and
child sexual abuse in the nation, Alaska has the
highest rates of suicide. The rates of suicide
mortality continue to trend upward. In 2019, the rate
in Alaska was 27 percent higher than in 2010. (Alaska
Death by Suicide Rates and Figures 2010-2019) During
this same period, the rate among Native peoples in the
US increased by 68 percent.
Sexual assault has long been reliably linked to an
increased risk for suicide. Recent research found that
people who were sexually assaulted reported an 18
percent higher prevalence in suicidality than
unassaulted people.
We cannot simply turn our backs on vulnerable minors
and believe they have the capacity when they are
harmed to seek out appropriate resources, develop
positive coping mechanisms, and access necessary
support without taking the crimes committed against
them seriously.
Ms. Olson thanked the committee for its time, service to
the state, and for helping to protect children.
1:59:14 PM
Co-Chair Foster moved to the second testifier.
RANDI BREAGER, EXECUTIVE DIRECTOR, ABUSED WOMEN'S AID IN
CRISIS, ANCHORAGE (via teleconference), testified in
support of the legislation with prepared remarks:
My name is Randi Breager, and I serve as the Executive
Director of AWAIC. AWAIC is a nonprofit based in
Anchorage, dedicated to supporting domestic violence
victims and other victims of violent crime, advocating
for policy change, and strengthening systems that
protect survivors. I am here today to voice my support
for House Bill 101. This bill is a critical step
toward ensuring that our legal system adequately
protects minors from sexual abuse and related offenses
while holding perpetrators accountable.
With over 18 years of leadership experience in
nonprofit, advocacy, and government sectors, I have
seen firsthand the profound impact of domestic
violence and sexual abuse on individuals, families,
and communities across Alaska. Working for the
Department of Public Safety for nearly a decade, also
gave me a unique perspective of the immense challenges
our state has in providing justice for victims of
these crimes.
You all are aware Alaska consistently reports some of
the highest rates of sexual violence in the country.
This crisis is exacerbated by systemic gaps in
protection for minors, who often lack the legal
safeguards necessary to prevent abuse and ensure
justice. The way our laws are currently written, we
have drawn an arbitrary line not supported by what we
know scientifically about teens' cognitive, emotional,
physical, and social development. We have determined
that 15-year-old child is not developmentally equipped
to enter into a sexual relationship with a middle-aged
man. And yes, I understand the perpetrator could be a
middle-aged woman, I am just illustrating this using
the statistically predominant example. This
legislation is proposing that something profound or
magical does not in fact occur a day later when this
child turns 16.
While working at Covenant House in my previous role,
we witnessed day in and day out, vulnerable teenagers
who can legally consent, be picked up by older men.
Men they identified as their boyfriends. Men, we knew
were preying on vulnerable children who were
experiencing homelessness and often trauma from
previous assaults and abuse, mental health issues, and
vulnerabilities caused by substance use. This common
sense bill tells us, that these adults, do not in fact
believe they are engaging in a meaningful relationship
with someone they consider a peer or an equal- they
are simply being predatory and taking advantage of
children. While few of these cases cross the paths of
law enforcement, I can tell you it is not happening
infrequently. These vulnerable teens are seeking
support from agencies such as CHA due to the stigma
and because previous experience tells them law
enforcement cannot assist them.
By increasing the age definition of a minor from 16 to
18 years across remaining relevant statutes, this bill
aligns Alaska laws with federal standards and many
other states that recognizes the ongoing vulnerability
of older teenagers. The bill additionally broadens the
scope of offenses against minors, including homicide,
third-degree assault, stalking, and enticement,
ensuring that perpetrators face appropriate
consequences.
2:03:19 PM
Ms. Breager continued to provide prepared remarks:
This bill also reduces the burden on law enforcement
and prosecutors to hold these perpetrators
accountable. Currently, they must expend significant
investigative resources in proving sexual acts against
16 and 17 year olds were non-consensual- or rape.
Unfortunately, what we see in many of these situations
are adults feeding alcohol and drugs to minors and
then having sex with them. It is then very difficult
to prove the teens did not consent even though they
are usually so incapacitated they could not have done
so. We all already know proving incapacitation is very
difficult and often not successful in sexual assault
investigations and trials. This bill will remove that
barrier for minors altogether.
Passing HB 101 sends a clear message that Alaska
prioritizes the safety of its children and will not
tolerate behaviors that devastate lives.
Thank you for your time today.
Ms. Breager thanked the committee for its time.
2:04:17 PM
Co-Chair Foster moved to the third testifier.
ELEANOR DOLGONOS, SELF, ANCHORAGE (via teleconference),
shared that she is 19 years old. She supported the passage
of the bill. She read from prepared remarks.
2:09:36 PM
Co-Chair Foster noted there were eight fiscal notes. He
asked for a review.
NANCY MEADE, GENERAL COUNSEL, ALASKA COURT SYSTEM, reviewed
the zero fiscal note from the Alaska Court System with
control code WpOkJ.
Representative Johnson noted there were five states, and
asked if there was data from the other states when they
changed their laws.
Ms. Mead did not have the data.
Representative Allard stated that at 16 years of age a
person could consent to terminating a pregnancy and it
could be paid for by the state.
2:14:07 PM
Representative Gray deferred the question to Ms. Olson. He
stated his understanding of the question.
Representative Allard stated they had to be 18 to consent.
Representative Gray asked Ms. Olson to explain the way a 16
year old or 17 year old could consent and how evidence was
gathered.
Ms. Olson relayed that if an 18 year old was sexually
assaulted and became pregnant it was possible to collect
evidence that could link to the predator to a sexual
assault within a certain timeframe.
2:15:56 PM
Representative Allard clarified she was asking about a
minor who could not consent. She asked if the DNA would be
tested.
Ms. Olson responded that a person who was able to consent
it would be similar, but deferred to Mr. Skidmore.
JOHN SKIDMORE, DEPUTY ATTORNEY GENERAL, CRIMINAL DIVISION,
DEPARTMENT OF LAW (via teleconference), replied that when
the crime was alleged, the state could get a search warrant
but could not test every aborted fetus if it was not
associated with a crime. He stated that it would be
possible to test individuals within four years of age the
sexual activity would not be a crime unless there was
force.
2:18:36 PM
Representative Allard asked for verification that it was
not required for a 16 year old.
Mr. Skidmore did not know.
Representative Allard stated that if a parent had suspicion
that an individual was outside the four year bracket, and
if the parent said no to the abortion, and the individual
was older, and they wanted the DNA tested, could it pass a
legal check.
Mr. Skidmore answered that if a parent came forward and
said their daughter aged 16 or 17 was having sex with an
older individual, it would be difficult to test the fetus
if the minor had agreed to the abortion.
2:21:10 PM
Co-Chair Foster asked for a review of the fiscal note from
the Office of Public Advocacy.
JAMES STINSON, DIRECTOR, OFFICE OF PUBLIC ADVOCACY,
DEPARTMENT OF ADMINISTRATION (via teleconference), reviewed
zero fiscal note control code mKIQn.
2:22:09 PM
ARIEL TOFT, DEPUTY PUBLIC DEFENDER, ALASKA PUBLIC DEFENDER
AGENCY, DEPARTMENT OF ADMINISTRATION (via teleconference),
reviewed the zero fiscal note with control code CgQYd.
Co-Chair Foster moved to the Department of Corrections
fiscal note.
KEVIN WORLEY, ADMINISTRATIVE SERVICES DIRECTOR, DEPARTMENT
OF CORRECTIONS (via teleconference), reviewed the fiscal
note from the Department of Corrections, control code
CdakL. The note had zero impact.
2:25:04 PM
Co-Chair Foster moved to the note from the Department of
Law.
Mr. Skidmore reviewed the zero fiscal note from the
Department of Law, control code JFKTX.
2:28:09 PM
Co-Chair Foster moved to the fiscal note from Department of
Family and Community Services, Division of Juvenile
Justice. [the individual was not presently available]
2:28:52 PM
DIANN THORNTON, ADMINISTRATIVE SERVICES DIRECTOR,
DEPARTMENT OF PUBLIC SAFETY (via teleconference), reviewed
the zero fiscal note from DPS, control code dPGFI.
Ms. Thornton reviewed the second fiscal note from DPS,
control code koGpe. The department did not anticipate a
cost at present.
2:30:18 PM
DAVID FLATEN, SOCIAL SERVICES PROGRAM OFFICER, DIVISION OF
JUVENILE JUSTICE, DEPARTMENT OF FAMILY AND COMMUNITY
SERVICES (via teleconference), reviewed the zero fiscal
note from the Division of Juvenile Justice, control code
jUlbN.
2:31:14 PM
Co-Chair Foster
Representative Stapp thought it was a good bill. He thought
there seemed to be a disconnect between the testimony and
the information the committee heard related to the fiscal
notes.
Mr. Worley replied that based on the current count, there
was capacity. The department did not know what the change
in capacity would be as a result of the bill.
Representative Stapp asked about the DOC current bed
capacity and how many new prisoners it would expect if the
bill passed.
Mr. Worley responded that he could not give an estimate
that would result from the bill. Currently they were at
about 85 percent capacity.
2:36:12 PM
Representative Gray spoke to the fiscal notes in general.
He shared that the Judiciary Committee had heard from a
testifier that was not available in the current meeting.
Representative Stapp supported the bill. He wondered
whether there was an expected increase in prosecutions.
Co-Chair Foster asked if there was someone Representative
Gray would recommend to answer the question.
Ms. Thornton replied that they were not necessarily
expecting an increase in prosecutions but they did not have
an estimate.
2:40:21 PM
Representative Stapp read from DPS's fiscal note. He
thought the second part of the sentence did not make any
sense, and asked for clarity.
Ms. Thornton responded that DPS had already investigated
the crime, the understanding was that it would be a new law
the department would enforce. She did not know the number
of potential cases and could not estimate the cost.
Representative Gray stated it was currently a crime to rape
16 and 17 year olds.
Representative Stapp agreed with the situation, but he
wanted to know how many more criminals would result from
the bill.
2:43:18 PM
Representative Gray apologized because there was not
invited testimony from law enforcement during the current
hearing. He recommended listening to the law enforcement
testimony in the House Judiciary Committee.
Representative Stapp asked about a ballpark number of cases
impacting the Department of Law.
Mr. Skidmore thought the numbers would be more than 1 or 2
and anticipated there would be a number of more cases, but
it was challenging to estimate the number.
2:46:13 PM
Representative Stapp liked the concept and thought
deterrence worked. He asked the Alaska Court System the
same question.
Ms. Meade responded affirmatively. The court system had no
way of estimating the number of cases that would result
from the bill.
2:47:30 PM
Representative Galvin thanked Representative Gray for
bringing the bill forward. She thought the deterrence made
it the most difficult part to think through fiscally. She
stated that how predators paid attention to the law was
very important. She referred to Ms. Dolgonos testimony that
she had to push hard to be heard.
Co-Chair Foster noted that a representative from the Alaska
State Troopers was now available online.
Representative Gray responded to Representative Galvin's
question.
2:51:55 PM
Representative Bynum thanked Representative Gray for
bringing the bill forward. He noted that he had co-
sponsored the bill. He noted that the bill specified it
would become effective immediately. He asked if there was
any indication about individuals in current relationships
that would be impacted by the bill.
Representative Gray answered that the relationship would be
illegal if a 16 year old was dating a 30 year old.
Representative Bynum wondered whether there should be broad
communication in the change in law.
2:55:35 PM
Representative Gray replied that there had not been
discussion of a public service announcement, and he
believed it would be covered extensively by the media.
Representative Hannan expressed confusion about the reason
for the zero fiscal notes. She thought it made more sense
for indeterminate fiscal notes. She remarked there were
seven zero notes, she wondered why the bill came to
finance.
Representative Gray answered that there had been a
committee substitute in Judiciary, and if an 18 year old
physically assaulted a 17 year old in school there had been
a close in age exemption added a potential cost.
2:58:10 PM
Mr. Skidmore stated his understanding of the question. He
had to say it was zero until he saw otherwise.
3:00:04 PM
Co-Chair Foster noted that the sponsor had asked about the
idea of waiving the bill from committee. There had been an
informal poll and some members had wanted the bill to come
to the committee.
Representative Hannan supported the bill.
Co-Chair Josephson referenced the term statutory rape. He
was curious about how the crimes would be indicted.
Mr. Skidmore replied that if there was a victim aged 16 or
17 with contact with a perpetrator with greater than a four
year age difference, the court would have to work out how
to deal with sexual abuse and sexual assault.
Co-Chair Josephson stated that section 1 and 2 were about
withholding. He was trying to make a demarcation in his
mind.
3:05:17 PM
Mr. Skidmore answered that the statute allowed to indict
when there was a lack of intent, because the victim was not
able to consent due to their age.
Co-Chair Josephson stated there were many important parts
of the bill. He wondered if they bumped up 16 or 17 year
olds under the theory that 17 year olds were more mature
than 14 year olds. He asked if the age should be moved to
five or 6 years.
3:08:50 PM
Representative Gray asked to hear from Brenda Stanfill with
ANDVSA. He was not interested in criminalizing sex between
individuals within a reasonable age gap. He was interested
in going after crime.
BRENDA STANFILL, DIRECTOR, ALASKA NETWORK ON VIOLENCE AND
SEXUAL ASSAULT, responded that there had not been agreement
on the four year difference. She noted that someone had
been in the room who shared that when she was 17 her future
husband was 24 and remarked that it was possible to look at
a six year difference versus four. She felt that ten years
was too much of a difference.
Representative Gray agreed. He heard what Ms. Stanfill was
saying, but he was not comfortable with 10 years. He
thought six years may be a reasonable accommodation.
Co-Chair Foster thanked the bill sponsor.
HB 101 was HEARD and HELD in committee for further
consideration.