05/04/2006 09:00 AM Senate FINANCE

                                                                                                                                
     SENATE CS FOR CS FOR HOUSE BILL NO. 326(JUD)                                                                               
     "An Act relating to the definition of the crime of                                                                         
     harassment; and providing for an effective date."                                                                          
                                                                                                                                
                                                                                                                                
This was  the first hearing for  this bill in the  Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
9:40:26 AM                                                                                                                    
                                                                                                                                
MICHAEL  PAWLOWSKI,  Staff  to Representative  Kevin  Meyer,  the                                                               
bill's sponsor, stated this legislation  was developed to address                                                               
a  loophole  in existing  State  harassment  statutes, which  was                                                               
brought  to Representative  Meyer's attention  by a  constituent.                                                               
Previously adopted legislation  addressed harassment conducted by                                                               
electronic communications, but did  not address harassment by the                                                               
publishing and posting of photographs and other lewd materials.                                                                 
                                                                                                                                
Mr.   Pawlowski  disclosed   that   the   situation  brought   to                                                               
Representative  Meyer's attention  involved a  woman who  allowed                                                               
her  boyfriend  to take  pictures  of  her. Because  the  picture                                                               
taking  was consensual,  it  did not  violate  any lewd  material                                                               
laws.  However,  after  the   relationship  terminated,  the  ex-                                                               
boyfriend printed  pictures of the  woman and posted  them around                                                               
the  University of  Alaska  Fairbanks  campus. Nothing  currently                                                               
exists  in State  law to  prohibit this  action. Thus,  this bill                                                               
would  expand  State  Statutes  to  include  "the  publishing  or                                                               
posting of  lewd pictures  to the  definition of  harassment". In                                                               
other  words, the  use of  intimate pictures  to bully,  annoy or                                                               
harass someone would  be prohibited. Adoption of  this bill would                                                               
not incur  any fiscal impact  on the  State, as evidenced  by the                                                               
three zero fiscal notes accompanying it.                                                                                        
                                                                                                                                
9:41:47 AM                                                                                                                    
                                                                                                                                
Senator Bunde understood therefore  that this bill would prohibit                                                               
the sharing  of intimate  pictures with  strangers, even  had the                                                               
person in the picture initially consented to being photographed.                                                                
                                                                                                                                
Mr.  Pawlowski concurred.  "The intent  of the  person doing  the                                                               
harassing is what matters". This  bill would apply to a situation                                                               
in which  the person  publishing or  posting pictures  of someone                                                               
intended to  harass or annoy that  person. While he had  used the                                                               
word  "lewd"  in  his  comments,  the  "terms  are  more  clearly                                                               
defined" in State Statute.                                                                                                      
                                                                                                                                
Co-Chair  Wilken moved  to report  the bill  from Committee  with                                                               
individual recommendations and accompanying fiscal notes.                                                                       
                                                                                                                                
There being  no objection, SCS  CS HB 326(JUD) was  REPORTED from                                                               
Committee with three  previous zero fiscal notes:  fiscal note #1                                                               
dated January 13, 2006 from  the Alaska Court System; fiscal note                                                               
#2 dated January 26, 2006 from  the Department of Law; and fiscal                                                               
note  #3 dated  January 17,  2006 from  the Department  of Public                                                               
Safety.                                                                                                                         
                                                                                                                                
9:43:44 AM