Legislature(2021 - 2022)BUTROVICH 205
02/25/2022 01:30 PM Senate JUDICIARY
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB187 | |
| SB182 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 187 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 182 | TELECONFERENCED | |
SB 187-HARASSMENT; SEX OFFENDERS & OFFENSES
2:11:11 PM
CHAIR HOLLAND reconvened the meeting and announced the
consideration of SENATE BILL NO. 187 "An Act relating to
criminal law and procedure; relating to the crime of harassment;
relating to the duty to register as a sex offender; amending the
definition of 'sex offense'; relating to lifetime revocation of
a teaching certificate for certain offenses; relating to the
definition of 'domestic violence'; relating to multidisciplinary
child protection teams; relating to arrest authority for
pretrial services officers and probation officers; and providing
for an effective date."
[SB 187 was previously heard on 2/23/22.]
2:11:30 PM
CHAIR HOLLAND stated support for the governor's efforts to close
loopholes and fill gaps in existing law. He noted for the record
that members are not defending bad behavior by asking questions
but are working to ensure that the public policies are well
defined and clearly understood.
2:11:56 PM
SENATOR MYERS said he was glad the bill would close a loophole
by defining the crime of harassment in the first degree. He
asked for examples of other crimes with a class C felony penalty
compared to those that fall under a class A misdemeanor.
2:12:27 PM
JOHN SKIDMORE, Deputy Attorney General, Office of the Attorney
General, Criminal Division, Department of Law, Anchorage,
Alaska, related that a class C felony has a sentencing range of
0-2 years. He noted that numerous crimes fall into that
category. He listed a few, including theft in the second degree,
relating to theft greater than $750; assault in the third
degree, which is conduct that would place somebody in fear by
means of a dangerous instrument, such as a firearm or a knife;
and forgery in the second degree, which would include a crime
like forging a check.
2:13:17 PM
SENATOR MYERS asked what the penalties were for assault in the
first or second degree, and whether it was a class C or a class
A misdemeanor.
2:13:32 PM
MR. SKIDMORE related that assault in the first degree is a class
A felony, which has a sentencing range of four to seven years
with a maximum of 20 years.
SENATOR MYERS expressed an interest and knowing what would be
comparable in the class C felony range.
2:14:15 PM
MR. SKIDMORE referred to AS 11.41.220, Assault in the third
degree. He reviewed subsections (a).
(a) A person commits the crime of assault in the third
degree if that person
(1) recklessly
(A) places another person in fear of
imminent serious physical injury by means of a
dangerous instrument;
(B) causes physical injury to another person
by means of a dangerous instrument; or
(C) while being 18 years of age or older,
(i) causes physical injury to a child under
12 years of age and the injury would cause a
reasonable caregiver to seek medical attention from a
health care professional in the form of diagnosis or
treatment;
(ii) causes physical injury to a child under
12 years of age on more than one occasion;
(2) with intent to place another person in fear of
death or serious physical injury to the person or the
person's family member, makes repeated threats to
cause death or serious physical injury to another
person;
MR. SKIDMORE related an instance of using a dangerous instrument
in 11.41.220 (a)(1)(A), as previously mentioned, would be a
person pointing a gun at somebody or holding a knife in a manner
that indicates the person is about to stab someone. He explained
that serious physical injury must create a risk of death or
serious impairment, whereas physical injury would be a minor
injury done by means of a dangerous instrument. He stated that
he provided a few examples, but there were four or five more
descriptions for assault in the third degree.
2:15:49 PM
MR. SKIDMORE stated that [AS 11.41.210] assault in the second
degree is a class B felony, and [AS 11.41.200] assault in the
first is a class A felony.
2:15:54 PM
SENATOR MYERS asked whether an assault in the fourth degree
would be a class A misdemeanor.
MR. SKIDMORE responded that assault in the fourth degree is a
class A misdemeanor. He reviewed AS 11.41.230(a).
(a) A person commits the crime of assault in the
fourth degree if
(1) that person recklessly causes physical injury
to another person;
(2) with criminal negligence that person causes
physical injury to another person by means of a
dangerous instrument; or
(3) by words or other conduct that person
recklessly places another person in fear of imminent
physical injury.
MR. SKIDMORE explained that "recklessly" causing physical injury
would be a lower mens rea than in SB 187 for the crime of
harassment than "knowingly." He related the highest mental state
would be "intentionally."
MR. SKIDMORE stated AS 11.41.230 (a)(2) relates to "criminal
negligence," and paragraph (3) relates to "recklessly" placing
another person in fear of imminent physical injury. For example,
it is not the statement, "I hate you, and I'm going to hurt
you;" but that the person is in front of another person and
indicates they are ready to hit the other person, creating the
threat of imminent injury rather than actually causing an
injury. He summarized that those were the class A misdemeanor
crimes for assault.
2:17:15 PM
SENATOR KIEHL referred to the tiered and laddered system of
seriousness for the crime of harassment. He recalled that the
committee discussed when someone touches another person's inner
thigh, and the person slaps the perpetrator's hand away. He
related that would constitute a class B misdemeanor. If the the
person patted the person on the buttocks, having previously had
their hand slapped away, that would raise the crime to a class C
felony. However, it seemed like comparable conduct. He asked for
clarification on the disparity.
MR. SKIDMORE answered that currently touching a person's inner
thigh is a class B misdemeanor, and it would stay at that level.
2:18:57 PM
MR. SKIDMORE reviewed AS 11.61.118, Harassment in the first
degree.
(a) A person commits the crime of harassment in the
first degree if, under circumstances not proscribed
under AS 11.41.434 11.41.440, the person violates AS
11.61.120(a)(5) and the offensive physical contact is
contact
(1) with human or animal blood, mucus, saliva,
semen, urine, vomitus, or feces; or
(2) by the person touching through clothing
another person's genitals, buttocks, or female breast.
(b) Harassment in the first degree is a class A
misdemeanor.
2:19:50 PM
MR. SKIDMORE explained that the penalty for this behavior was
increased to a class A misdemeanor in SB 187 [on page 2, lines
25-31 to page 3, line 3].
Sec. 11.61.118. Harassment in the second [FIRST]
degree. (a) A person commits the crime of harassment
in the second [FIRST] degree if, under circumstances
not proscribed under AS 11.41.434 - 11.41.440, the
person violates AS 11.61.120(a)(5) and the offensive
physical contact is contact
(1) with human or animal blood, mucus, saliva, semen,
urine, vomitus or feces; or
(2) by the person touching through clothing another
person's genitals, buttocks, or female breast.
(b) Harassment in the second [FIRST] degree is a class
A misdemeanor.
MR. SKIDMORE reviewed the tiered approach that consists of a
generalized "anywhere on the body" which is a class B
misdemeanor; offensive physical contact with a substance [which
is a class A misdemeanor], and the highest level would be a
class C felony, in AS 11.61.117, as in SB 187.
Sec. 11.61.117. Harassment in the first degree. (a) A
person commits the crime of harassment in the first
degree if, under circumstances not proscribed under AS
11.41.434 - 11.41.440, the person intentionally
subjects another person to offensive physical contact
by touching, directly or through clothing, another
person's genitals, buttocks, or female breast.
(b) Harassment in the first degree is a class C
felony.
2:20:14 PM
MR. SKIDMORE described those three areas, "another person's
genitals, buttocks, or female breast" which is repeated
throughout the statutory framework, as being more sexualized
areas, so the conduct is elevated in the bill.
2:20:34 PM
SENATOR KIEHL suggested this area might need work. He further
suggested that the notion that it would be a less serious crime
to put feces on someone than patting them on the buttocks seemed
wrong. He recalled the initial presentation on the bill related
a scenario where someone grabbed another person's crotch. He
said he understood the mental state, but maintained it needed
work.
.
SENATOR HUGHES agreed that touching the inner thigh was more
invasive than touching the buttocks, and it should be adjusted.
2:21:38 PM
SENATOR SHOWER recalled that the legislature made numerous
changes with Senate Bill 91 and subsequent criminal bills. He
recalled that several years ago, the committee spent an entire
hearing on the overall effect of how a minor would be treated
for sending explicit photographs since that frequently happens
with the proliferation of cell phones and social media.
MR. SKIDMORE responded that the bill addresses minors in several
sections. He offered to walk through those and make sure that he
addressed his question. The harassment crime that the department
proposes doesn't have any age element of the person involved,
but a minor could undoubtedly be a victim. He acknowledged that
other crimes could also be applied. He would need to review the
facts of a case to identify the offense, which could be more
comprehensive and more severe than this one. The department
would not charge a minor, a person under 18, in an adult court.
However, this statute would be available for the Division of
Juvenile Justice to consider for someone being adjudicated as a
delinquent.
2:24:12 PM
MR. SKIDMORE stated that nothing in the statutes for harassment
addresses sending images. However, another subsection of the
bill relates to changes in the Sex Offender Registry. Several
years ago, the statutes made it a crime to send an explicit
image of a minor. He stated that might be the discussion he
recalled that a previous committee held. This bill has two
subsections to address it. The current statutes read:
Sec. 11.61.116. Sending an explicit image of a minor.
(a) A person commits the offense of sending an
explicit image of a minor if the person, with intent
to annoy or humiliate another person, distributes an
electronic photograph or video that depicts the
genitals, anus, or female breast of that other person
taken when that person was a minor under 16 years of
age.
(b) In this section,
(1) "computer" has the meaning given in AS
11.46.990;
(2) "distributes" means to deliver the image to
another person by sending the image to the other
person's computer or telephone;
(3) "Internet" has the meaning given in AS
11.46.710(d).
(c) Sending an explicit image of a minor is
(1) a class B misdemeanor if the person
distributes the image to another person;
(2) a class A misdemeanor if the person
distributes the image to an Internet website that is
accessible to the public.
2:24:45 PM
MR. SKIDMORE stated that [subsection (a)] relates to
distributing a photo of genitals, female breast or anus of
someone under the age of 16 to another person without that
individual's consent. He noted those were the three sexualized
areas discussed earlier. Suppose the person posted that image on
a website. If so, it is now available for everyone.
Theoretically, the person loses control of it by sending it to
another person. However, when the image is posted online, the
person has completely lost control over who has that image, what
that party may do with it, and where else it may appear. He said
in those circumstances that conduct is elevated to a class A
misdemeanor. This bill does not alter either of those
classifications.
2:24:57 PM
MR. SKIDMORE explained that when a person posts an explicit
image online, it creates sexual predatory concerns, and that
person would be required to register under [Section 9] of the
bill.
2:26:14 PM
MR. SKIDMORE related that a minor would be impacted because the
Sex Offender Registry provides additional protections to minors.
If a minor is the one who posts it, the state does not require
minors to register when they are sex offenders. The only other
impacts in the bill related to teaching certificates, but that
doesn't relate to the question.
2:26:49 PM
SENATOR SHOWER asked if the bill should further clarify
touching. He related unintentional or innocent touching that
could occur at a bar when people are dancing, to avoid someone
weaponizing it.
MR. SKIDMORE responded that the administration chose to attach
the highest mental element, the mens rea of "intentional." Thus,
the person must make a conscious objective to cause an offensive
physical touching to another person. It is not about accidental
touching, for example, accidental touching of someone's buttocks
or female breast that might occur in a crowded elevator. The
lesser crimes of "annoying" conduct have a lower mens rea. If
the person did not intend the touching to happen or was not
being reckless to the fact that the touching was offensive to
another person, it is not a crime. He emphasized that those are
the protections. The burden of proof in a criminal case is to
prove something beyond a reasonable doubt, which is not an easy
standard to meet. He acknowledged that the committee has the
purview to consider the bill and make adjustments.
2:30:08 PM
SENATOR HUGHES asked if the penalty would be elevated if the
victim's name is attached to the explicit images being sent or
posted. She suggested that might be something to consider
because it might be challenging to identify someone in a
photograph but identifying the victim by name makes the crime
more severe.
2:30:47 PM
MR. SKIDMORE answered no.
2:30:57 PM
SENATOR HUGHES expressed concern that a person could get angry
at a person at the end of an evening out and might "weaponize"
the touching behavior.
MR. SKIDMORE answered that the department wrestles with this in
sexual assaults. The department must prove that the evidence
supports the allegation beyond a reasonable doubt. He cautioned
that he was not suggesting that the person was lying or was
wrong, but the burden of proof provides protection. He
highlighted that is one reason why the prosecutors do not
proceed with some sexual assault cases.
2:32:59 PM
SENATOR KIEHL referred to posting an explicit photo of a minor
to a public website. He said he was unsure where the line lies.
He acknowledged revenge. He said he sends messages using apps,
including Instagram or Snap Chat stories. He stated that the
department might wish to respond in writing if his question is
too complex.
MR. SKIDMORE responded that he did not believe that the law
expressly defines it. He stated that AS 11.46.710 (d) provides a
definition. "Internet" means the combination of computer systems
or networks that make up the international network for
interactive communications services, including remote logins,
file transfer, electronic mail, and newsgroups. The
classification provision for the offense states that it is "an
Internet website that accessible to the public" [AS
11.61.116(c)(2)]. The prosecutor would need to argue whether the
social media website was accessible to the public. He related
that he could imagine arguments that a person might use to
defend their posting to websites, including that they had
restricted access to the site to their friends. He was unsure
the courts had resolved this issue.
2:35:54 PM
SENATOR MYERS referred to Section 13 to the issue of whether
pretrial officers could file a complaint. He stated that the
bill would expand their authority from two to five offenses. He
asked for the reason to extend this authority to pretrial
officers rather than to prosecutors.
2:36:47 PM
MR. SKIDMORE answered that currently, police officers could file
complaints when they encounter criminal conduct, so it does not
need to go through the district attorney's office. However,
pretrial officers don't have the same designation, so express
authority must be given. The expanded crimes include AS
11.56.320, Escape in the third degree. This means the individual
has been released on condition for pretrial and has an ankle
monitor for electronic monitoring. Frequently, the person will
cut or tamper with the electronic ankle monitor. It would add AS
11.56.610, tampering with physical evidence that interferes with
ankle monitoring, and AS 11.56.750, relating to unlawful
contact. This is when a court has indicated pretrial that the
defendant cannot come in contact with specific parties, usually
the victim. As pretrial services officers monitor the
defendants, they may realize the defendant came in contact with
the victim. In those instances, the officers must call a law
enforcement officer, who will collect the same information the
pretrial services officer would collect. The officer would make
the arrest, write up the report, and send the information to the
district attorney, who will decide whether to bring criminal
charges, summons, or arrest warrants. Under the bill, the
pretrial service officers can make the arrest. He pointed out
that the Department of Corrections incurred $800,000 in damage
to electronic monitoring.
2:39:39 PM
CHAIR HOLLAND asked about collateral consequences incurred by
someone facing a felony conviction instead of a misdemeanor
conviction.
MR. SKIDMORE answered that the collateral consequences were
challenging to describe. He stated that when a person becomes a
felon, the person potentially would be on supervised probation.
It would affect the felon's voting rights and right to use
concealed weapons. He acknowledged that long firearms would be
impacted by federal law. He stated it would also impact the
person's ability to obtain employment.
CHAIR HOLLAND asked how it would impact child custody.
MR. SKIDMORE said he was unsure how it would affect child
custody.
2:41:06 PM
CHAIR HOLLAND asked if the individuals who were online to answer
questions had anything to add, and they did not.
2:42:12 PM
CHAIR HOLLAND held SB 187 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Jessie Ruffridge HRC_Redacted.pdf |
SJUD 2/25/2022 1:30:00 PM |
|
| Zackary Gottshall Resume_Redacted.pdf |
SJUD 2/25/2022 1:30:00 PM |
|
| Zackary Gottshall HRC_Redacted.pdf |
SJUD 2/25/2022 1:30:00 PM |
|
| David Knapp Application_Redacted.pdf |
SJUD 2/25/2022 1:30:00 PM |
|
| Greg Bringhurst Cover Letter (1)_Redacted.pdf |
SJUD 2/25/2022 1:30:00 PM |
|
| Greg Bringhurst Resume (1)_Redacted.pdf |
SJUD 2/25/2022 1:30:00 PM |
|
| Gregory Bringhurst Board Application_Redacted.pdf |
SJUD 2/25/2022 1:30:00 PM |
|
| SB 187 Highlights 2.14.22.pdf |
SJUD 2/23/2022 1:30:00 PM SJUD 2/25/2022 1:30:00 PM |
SB 187 |
| SB 187 Transmittal Letter.pdf |
SJUD 2/23/2022 1:30:00 PM SJUD 2/25/2022 1:30:00 PM |
SB 187 |
| SB 187 v.A Sectional 2.14.22.pdf |
SJUD 2/23/2022 1:30:00 PM SJUD 2/25/2022 1:30:00 PM |
SB 187 |