Legislature(2025 - 2026)GRUENBERG 120
02/17/2025 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s): Select Committee on Legislative Ethics | |
| HB101 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 101 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 101-CRIMES AGAINST MINORS
1:29:31 PM
VICE CHAIR KOPP announced that the final order of business would
be 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."
1:30:07 PM
REPRESENTATIVE ANDREW GRAY, Alaska State Legislature, as prime
sponsor, presented HB 101. He read from the following prepared
remarks [original punctuation provided]:
Thank you to the committee for allowing me to
present this important piece of legislation today.
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 (AVS). That 2020 survey found
that over 35% of Alaskan women report being sexually
abused before the age of 18. Sex trafficking is also a
major issue in Alaska that disproportionately affects
vulnerable young people.
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. 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 trafficking
and sexual assault more difficult.
In late December 2023, 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 at a hotel for sexual
relations. 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 legal. You
may ask why we haven't heard about those 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 regularly call crisis
hotlines describing how their teens are being
manipulated and coerced by adults for sex but there is
no legal recourse for those parents. Parents become
furious with law enforcement. They want to protect
their children and they can't. Our statutes as they
are now simply do not adequately protect 16 and 17
years old from predators in Alaska.
House Bill 101 increases the age of consent in
Alaska to 18, closing the loophole that has left these
16 and 17-year-old children unprotected under the
statute for years. A four-year close-in-age exemption
is retained in this bill. This is often referred to as
the Romeo & Juliet clause it allows for a 16- or 17-
year-old to legally consent to sex with someone within
4 years of their age. This bill is not criminalizing
consensual sex among teenagers; this bill simply makes
it more difficult for 16 and 17 years old to be
victims of sexual assault and sex trafficking.
HB 101 also makes changes for consistency in several
other areas of criminal statute that treat 16 and 17-
year-olds differently, such as criminalizing the
sending of explicit images of 16 and 17-year-old
minors. This increase of the age of consent to 18
would put Alaska in line with other states such as
Florida, Kentucky, Idaho, Utah, and Arizona, to name a
few.
1:33:55 PM
CLAIRE BREDAR, Staff, Alaska State Legislature, on behalf of
Representative Gray, prime sponsor, presented the sectional
analysis for HB 101 [included in the committee packet], which
read as follows [original punctuation provided]:
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 2: AS 11.41.100(a) Murder in the first
degree
Section 3: AS 11.41.110(a) Murder in the second
degree
Section 4: AS 11.41.220(a) Assault in the third
degree
Section 5: AS 11.41.220(b) Assault in the third
degree
Section 6: AS 11.41.260(a) Stalking in the first
degree
Section 7
AS 11.41.434(a) Sexual abuse of a minor in the first
degree
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
AS 11.41.436(a) Sexual abuse of a minor in the second
degree
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
AS 11.41.438(a) Sexual abuse of a minor in the third
degree
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 10: AS 11.41.452(a) - Enticement of a minor
Section 11: AS 11.41.452(b) - Enticement of a minor
Section 12: AS 11.41.458(b) - Indecent exposure in the
first degree
Section 13: AS 11.41.460(b) - Indecent exposure in the
second degree
Section 14: AS 11.51.100(a) - Endangering the welfare
of a child in the first degree
Section 15: AS 11.61.116(a) - Sending an explicit
image of a minor
Section 16: AS 11.61.124(a) - Solicitation or
production of an indecent picture of a minor
Section 17: AS 11.61.124(b) - Solicitation or
production of an indecent picture of a minor
Section 18: AS 11.61.128(a) - Distribution of indecent
material to minors
Section 19: AS 11.61.128(b) - Distribution of indecent
material to minors
Section 20: AS 11.61.128(c) - Distribution of indecent
material to minors
Section 21: AS 12.45.046(a) - Testimony of children in
criminal proceedings
Section 22: AS 12.55.125(b) - Sentences of
imprisonment for felonies
Section 23: AS 12.55.125(d) - Sentences of
imprisonment for felonies
Section 24: AS 12.55.145(a) - Prior convictions
Section 25: AS 12.55.155(c) - Factors in aggravation
and mitigation
Section 26: AS 12.63.020(a) - Duration of sex offender
or child kidnapper duty to register
Section 27: AS 12.63.100(7) - Definitions
Section 28
Repeals AS 11.41.436(a)(6), 11.41.440(a)(2); and AS
12.63.100(7)(C)(ii).
Section 29
Clarifies the applicability of the amended statutes.
Section 30
Provides for an effective date.
VICE CHAIR KOPP sought questions from members of the committee.
1:35:53 PM
VICE CHAIR KOPP asked whether there is a standard age of consent
among the 50 states.
CHAIR GRAY said the age of consent varies from state to state.
VICE CHAIR KOPP inquired as to the legal standard for knowing
that a person is over 18 and whether asking them meets the
standard of due diligence.
CHAIR GRAY deferred to the Department of Law (DOL) and offered
to follow up with the requested information.
1:37:46 PM
REPRESENTATIVE MINA questioned the bill's scope of impact.
CHAIR GRAY shared his understanding that invited testifiers
would speak to the bill's scope.
1:38:25 PM
REPRESENTATIVE VANCE asked why the bill does not raise the age
of marriage from 16 to 18 and whether the exclusion is
conflicting.
CHAIR GRAY stated that the bill is about consent. He shared his
understanding that in Alaska, the legal age of marriage is 18,
or 16 to a person not more than 3 years older with parental
consent. With that in mind, the proposed legislation is more
expansive than the current marriage statute. He said it wasn't
his intent to address the marriage issue; however, he would be
happy to entertain an amendment that offered more consistency.
VICE CHAIR KOPP sought to verify that the bill would not
criminalize sex between people who are 4 or fewer years apart in
age.
REPRESENTATIVE GRAY confirmed that the bill allows for a gap of
4 years in age, either up or down, as long as the individual is
13 or older. For example, a 16-year-old could not have sex with
a 12-year-old.
1:45:17 PM
The committee took a brief at-ease at 1:45 p.m.
[Vice Chair Kopp returned the gavel to Chair Gray.]
1:45:45 PM
CHAIR GRAY opened invited testimony.
1:46:28 PM
KEELEY OLSON, Executive Director, Standing Together Against Rape
(STAR), shared an example to illustrate how 16-year-olds are
swept under the rug while perpetrators go free. She shared that
STAR often receives devastating calls from parents of children
who are being manipulated or controlled by a predatory adult due
to the age of consent. Protecting all minors is a helpful way
to make a difference in helping trafficked youth, she said. She
explained that all STAR can do to help kids being manipulated or
controlled is attempt to help them unify 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 for the issue of
consent is so high that the cases go uncharged and unprosecuted.
She said the bill would align with Alaska's age of marriage law,
as a 16- or 17-year-old cannot marry someone outside the age
range included in the bill, even with their parents' consent.
She explained that without proper response and crisis
intervention, youth are at a higher risk of experiencing repeat
victimization, which could be avoided by making sexual assault
against minors a priority. She said vulnerable minors who are
harmed do not have the capacity to seek out appropriate
resources, develop positive coping skills, or access necessary
support, without taking the crimes against them seriously.
1:58:40 PM
JOSHUA MOORE, Secretary Treasurer, Public Safety Employees
Association (PSEA), informed the committee that he has worked in
law enforcement for over 20 years. The gap in current law
provides a loophole for offenders to target minors. Typically,
drugs and alcohol are used to manipulate kids and lower their
inhibitions, leading to actions that have serious consequences.
He explained that vulnerable kids engage in these actions with
"consent," but later realize that these actions are not
consistent with their values. He spoke to real world examples
and stated that law enforcement is often unable to help due to
the loophole in the law. He stated that the bill would close a
gap in what's otherwise immoral behavior that has been
overlooked through the years.
CHAIR GRAY shared his understanding that use of substances in
these scenarios make it difficult for prosecutors to bring
charges.
MR. MOORE responded yes, alcohol is a contributing factor,
because many times, the minor wouldn't have engaged in the act
without alcohol or drugs being introduced. He added that its
difficult for prosecutors to prove that it wasn't a consensual
act.
2:04:42 PM
REPRESENTATIVE VANCE requested more insight on the vulnerability
of youth ages 18-21.
MR. MOORE said science and research supports the idea that the
brains stop developing at age 24, and the life experience of a
16-year-old pales in comparison to a 50-year-old.
2:07:12 PM
REPRESENTATIVE KOPP asked how many cases over a 12-month period
would fall into the loophole involving 16- and 17-year-olds.
MR. MOORE estimated two to three per year in the region he
serves.
2:08:46 PM
REPRESENTATIVE GRAY questioned the differences in existing
practice between a 16-year-and a 15-year-old.
MS. OLSON said to charge sexual abuse of a minor (SAM), sex must
have occurred outside the legal age range. She explained that
the onus of proving that the minor did not give consent falls on
the state, which is even more difficult in a substance fueled
assault.
2:11:57 PM
REPRESENTATIVE MINA asked how many service requests are received
by STAR for 16- and 17-year-olds.
MS. OLSEN did not know the answer, adding that calls coming in
are often from parents.
2:16:06 PM
RANDY BREAGER, Executive Director, Abused Women's Aid in Crisis
Center (AWAICC), gave information on AWAICC and voiced her
support for the bill, which is a critical step towards
protecting minors. She noted the high rates of sexual violence
in Alaska, which are exasperated by systematic gaps in the
protection of minors. Current law, she said, draws an arbitrary
line that's not supported by scientific findings on teenagers'
cognitive, emotional, physical, and social development. By
increasing the definition of a minor from 16 to 18, it would
bring Alaska more in line with federal standards and other
states that recognize the vulnerability of older teenagers. It
would also broaden the scope of offenses against minors,
including homicide, third degree assault, stalking and
enticement, to ensure that the perpetrators are facing
appropriate consequences regardless of the path they take in
their predatory behavior. In addition, the bill would reduce
the burden on law enforcement and prosecutors to hold these
perpetrators accountable. In reality, she said proving
incapacitation from drugs or alcohol is difficult and often
unsuccessful in sexual assault investigations. The bill would
remove that barrier for minors altogether. She concluded that
passing the bill would send a clear message that Alaska
prioritizes the safety of children.
2:23:30 PM
ELEANORE DOLGONOS, representing self, emphasized the importance
of passing the bill for 16- and 17-year-olds. She shared her
personal story and commented on the stigma and lack of
understanding surrounding those who seek help after
victimization. She said ultimately, her case was dismissed, and
the legal system failed to offer the support she needed. She
shared that despite her advanced abilities and maturity, she did
not feel like an adult until 18 years old and deserved to be
protected. She said she had to go to great lengths when seeking
justice, because current law does not recognize the
vulnerability of teens at 16 and 17, adding that these
difficulties should not have to be endured to get support.
While teens are capable of making their own decisions, they are
still learning how to navigate relationships, power dynamics,
and all the emotional and psychological aspects of intimacy,
growth, and development, making them far more susceptible to
situations where their choices can be influenced or undermined.
The law would empower the legal system to protect 16- and 17-
year-olds in the same way that younger minors are protected.
Ultimately, she shared her belief that raising the legal age of
consent would ensure that justice is not denied for those who
need it most and show that Alaska is committed to protecting
teenagers from potential harm.
2:28:58 PM
The committee took an at-ease from 2:28 p.m. to 2:29 p.m.
2:29:16 PM
CHAIR GRAY gave closing remarks and clarified a previous
misstatement. He explained that under current statute, it is an
affirmative offense if, at the time of the alleged offense, the
defendant reasonably believed the victim to be the age of
consent and took reasonable measures to verify their age.
[HB 101 was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| Cox-Letter of Intent Ethics Committee.pdf |
HJUD 2/17/2025 1:00:00 PM |
Consideration of Appointees to Select Committee on Legislative Ethics: |
| Linda G Cox resume (1).pdf |
HJUD 2/17/2025 1:00:00 PM |
Consideration of Appointees to Select Committee on Legislative Ethics: |
| CSWhite Application Packet.pdf |
HJUD 2/17/2025 1:00:00 PM |
Consideration of Appointees to Select Committee on Legislative Ethics: |
| CSWhite ltr.pdf |
HJUD 2/17/2025 1:00:00 PM |
Consideration of Appointees to Select Committee on Legislative Ethics: |
| LGCox ltr.pdf |
HJUD 2/17/2025 1:00:00 PM |
Consideration of Appointees to Select Committee on Legislative Ethics: |
| HCThomas ltr.pdf |
HJUD 2/17/2025 1:00:00 PM |
Consideration of Appointees to Select Committee on Legislative Ethics: |
| Conner Thomas- 25 Supreme Court Chief Justice Letter-.pdf |
HJUD 2/17/2025 1:00:00 PM |
Consideration of Appointees to Select Committee on Legislative Ethics: |
| HB 101 Ver.A.pdf |
HJUD 2/17/2025 1:00:00 PM |
HB 101 |
| HB 101 Sectional Analysis.pdf |
HJUD 2/17/2025 1:00:00 PM |
HB 101 |
| HB 101 Sponsor Statement.pdf |
HJUD 2/17/2025 1:00:00 PM |
HB 101 |
| HB 101 - FN - DOF&CS.pdf |
HJUD 2/17/2025 1:00:00 PM |
|
| HB 101 FN -Public Defender Agency.pdf |
HJUD 2/17/2025 1:00:00 PM |
|
| HB 101 FN - LAW.pdf |
HJUD 2/17/2025 1:00:00 PM |
|
| HB 101 FN - DOC.pdf |
HJUD 2/17/2025 1:00:00 PM |
|
| HB 101 - FN - DPS - Troopers.pdf |
HJUD 2/17/2025 1:00:00 PM |
|
| HB 101 - FN - DPS - Integrated Victim Assistance.pdf |
HJUD 2/17/2025 1:00:00 PM |
|
| HB 101 FN - DOA.pdf |
HJUD 2/17/2025 1:00:00 PM |
|
| Conner Thomas resume.pdf |
HJUD 2/17/2025 1:00:00 PM |
select committee on legislative Ethics |