Legislature(2011 - 2012)CAPITOL 120

02/07/2011 01:00 PM House JUDICIARY


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01:02:27 PM Start
01:02:51 PM HB127
02:31:12 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 127 CRIMES INVOLVING MINORS/STALKING/INFO TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 127 - CRIMES INVOLVING MINORS/STALKING/INFO                                                                     
                                                                                                                                
1:02:51 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  announced that the  only order of business  would be                                                               
HOUSE BILL NO.  127, "An Act relating to the  crimes of stalking,                                                               
online enticement of  a minor, unlawful exploitation  of a minor,                                                               
endangering the welfare of a  child, sending an explicit image of                                                               
a  minor,  harassment,  distribution   of  indecent  material  to                                                               
minors,  and   misconduct  involving   confidential  information;                                                               
relating to probation; and providing for an effective date."                                                                    
                                                                                                                                
1:04:46 PM                                                                                                                    
                                                                                                                                
JOHN J. BURNS,  Acting Attorney General, Department  of Law (DOL)                                                               
- noting  that children in  Alaska are sexually abused  six times                                                               
more often  than the  national average and  that women  in Alaska                                                               
are raped  two and  one-half times more  often than  the national                                                               
average -  explained that HB  127 [primarily]  addresses [sexual]                                                               
exploitation  of  a minor  crimes  and  stalking crimes.    House                                                               
Bill 127 expands the crime of  [stalking in the second degree] by                                                               
amending the  definition of the term,  "nonconsensual contact" to                                                               
include  the use  of a  global  positioning device  to follow  or                                                               
monitor a  victim, or the installation  or attempted installation                                                               
of a device that observes,  records, or photographs events in the                                                               
home,  workplace,  or vehicle  of  a  victim,  or on  a  victim's                                                               
personal  telephone or  computer; this  proposed change  reflects                                                               
that  these  types  of  technology   are  being  used  to  commit                                                               
[stalking] crimes.  House Bill 127  would also make it a crime to                                                               
publish or distribute  a sexually explicit image of  a minor; and                                                               
make  it  a  crime  to,   without  legal  authority  or  consent,                                                               
knowingly obtain  confidential information about  another person.                                                               
In  conclusion,  he  said  that   the  objective  of  HB  127  is                                                               
consistent with efforts to eradicate  sexual assault and domestic                                                               
violence (DV) [in Alaska].                                                                                                      
                                                                                                                                
1:08:59 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section, Criminal  Division, Department  of Law  (DOL), referring                                                               
to  the  sectional  analysis  of  HB  127  included  in  members'                                                               
packets, concurred that Section 1  would expand the definition of                                                               
the  term,  "nonconsensual  contact"  for  purposes  of  Alaska's                                                               
stalking  statute.   A person  commits the  crime of  stalking if                                                               
he/she  engages in  a course  of conduct  that recklessly  places                                                               
another  person in  fear of  death  or physical  injury, and  the                                                               
term,  "course  of  conduct"  is  defined  as  repeated  acts  of                                                               
nonconsensual contact  with the victim.   Section 1  is proposing                                                               
to add to AS 11.41.270(b)(3) [two new subparagraphs]:                                                                           
                                                                                                                                
     (H) following or monitoring that person with a global                                                                  
     positioning device or similar technological means;                                                                     
                                                                                                                                
     (I) using, installing, or attempting  to use or install                                                                
     a  device for  observing,  recording, or  photographing                                                                
     events   occurring  in   the  residence,   vehicle,  or                                                                
     workplace of that person, or  on the personal telephone                                                                
     or computer of that person;                                                                                            
                                                                                                                                
MS. CARPENETI then  explained that Section 2 is  proposing to add                                                               
to AS  11.41.270(b) a definition  of the term, "device"  in order                                                               
to  clarify that  that term  includes software.   In  response to                                                               
questions,  she   indicated  that  she  would   research  whether                                                               
proposed AS  11.41.270(b)(3)(I) would also include  software that                                                               
enables a  perpetrator to track  a victim's  computer keystrokes;                                                               
assured  the committee  that [Sections  1 and  2] pertain  to the                                                               
crime of  stalking, not  to parents  monitoring what  their minor                                                               
children  are  doing on  the  computer;  and explained  that  for                                                               
drafting  purposes, the  phrase "of  that  person" -  as used  in                                                               
proposed  AS 11.41.270(b)(3)(1)  - is  used when  prohibiting one                                                               
person from behaving  in a particular way in  relation to another                                                               
person.                                                                                                                         
                                                                                                                                
REPRESENTATIVE    HOLMES   questioned    whether   proposed    AS                                                               
11.41.270(b)(3)(I) would apply in  situations where the computer,                                                               
residence, or vehicle  is owned by someone other  than the person                                                               
being stalked.                                                                                                                  
                                                                                                                                
MS.  CARPENETI  said  she  considers  that  it  would  apply  but                                                               
acknowledged that it  wouldn't hurt to clarify that  issue in the                                                               
bill.                                                                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG  relayed that he would  be providing the                                                               
DOL with a list of questions in writing.                                                                                        
                                                                                                                                
1:16:11 PM                                                                                                                    
                                                                                                                                
MS. CARPENETI went  on to explain that Section 3  would raise the                                                               
penalty for  the crime of  online enticement  of a minor,  from a                                                               
class C  felony to  a class  B felony, and  that Section  4 would                                                               
raise the penalty  for that same crime when  committed by someone                                                               
[already]  required  to  register  as a  sex  offender  or  child                                                               
kidnapper,  from a  class B  felony  to a  class A  felony.   She                                                               
added:                                                                                                                          
                                                                                                                                
     This has  significant impact  on the  potential penalty                                                                    
     that a person may be  sentenced to who was convicted of                                                                    
     these crimes,  because the bill,  also, in  Section 12,                                                                    
     adds these  crimes to  those sex  offenses in  Title 12                                                                    
     ...  that  are  given elevated  sentences,  and  that's                                                                    
     found  in  AS  12.55.125(i),   which  is  a  particular                                                                    
     section just for sex offenses.                                                                                             
                                                                                                                                
MS. CARPENETI surmised that [Section  12] is merely correcting an                                                               
oversight,  that  the crimes  of  online  enticement of  a  minor                                                               
should be included in that sentencing  statute.  Sections 3 and 4                                                               
propose  significant changes  to the  penalties for  such crimes,                                                               
which  are  seriously  harmful to  children,  constitute  classic                                                               
grooming  behavior, are  seriously predatory,  lead to  even more                                                               
serious offenses against children,  and thus warrant the proposed                                                               
increase in  penalties.  In  response to questions  and comments,                                                               
she agreed to  research how Alaska compares to  other states, and                                                               
what the  new [presumptive] sentencing ranges  would be; ventured                                                               
that Alaska is  behind the federal government  in addressing this                                                               
issue; and offered her understanding  that in any given year, the                                                               
DOL doesn't prosecute  very many people for  online enticement of                                                               
a minor crimes.                                                                                                                 
                                                                                                                                
1:23:22 PM                                                                                                                    
                                                                                                                                
MS.  CARPENETI then  explained that  Section 5  would change  the                                                               
penalty  for the  crime of  unlawful  exploitation of  a minor  -                                                               
which occurs during  the making of child pornography  - such that                                                               
all  offenders would  be  subject to  a class  A  felony.   Under                                                               
current  law, only  repeat offenders  are  subject to  a class  A                                                               
felony, and  first-time offenders are  subject to only a  class B                                                               
felony.   This conduct  is really serious,  she opined,  and thus                                                               
it's  entirely justified  for all  such  offenses to  be class  A                                                               
felonies.   She  noted,  though, that  the  Division of  Juvenile                                                               
Justice (DJJ) has expressed interest  in removing this particular                                                               
offense  from  the  automatic-waiver-into-adult-court  provisions                                                               
located in Title 47, and so  the DOL has prepared an amendment to                                                               
that effect,  agreeing with the DJJ  on this issue.   In response                                                               
to comments, she  assured the committee that the  making of child                                                               
pornography is not protected by the First Amendment.                                                                            
                                                                                                                                
MS. CARPENETI  explained that  Section 6  addresses the  crime of                                                               
endangering  the  welfare  of  a   child  in  the  first  degree;                                                               
specifically, Section 6  would add those required  to register as                                                               
a  child  kidnapper to  AS  11.51.100(a)(2),  the list  of  those                                                               
people with  whom a person  may not leave  a child.   Existing AS                                                               
11.51.100(a)(2) already includes those  required to register as a                                                               
sex  offender,  and so  Section  6  is  merely cleaning  up  that                                                               
provision.   In  response  to  a question,  she  noted that  this                                                               
provision would not -  and does not now - apply  to those who are                                                               
a parent, guardian, or lawful custodian of the child.                                                                           
                                                                                                                                
REPRESENTATIVE KELLER  asked why this provision  would only apply                                                               
in situations where the child is under the age of 16.                                                                           
                                                                                                                                
MS.  CARPENETI  surmised that  it's  because  16  is the  age  of                                                               
consent in Alaska.   In response to other  questions, she relayed                                                               
that the  penalty for the crime  of endangering the welfare  of a                                                               
child is  dependent upon the  facts of the particular  case, such                                                               
as [where  and with whom  the child was  left and] what  harm was                                                               
done  to the  child;  that  the DOL  has  attempted  to make  the                                                               
crimes/penalties listed  in Title 11 consistent  with each other,                                                               
though there may  still be some discrepancies;  that depending on                                                               
the  facts of  the  particular case,  the DOL  might  be able  to                                                               
prosecute a  person for  a crime other  than that  of endangering                                                               
the welfare of a child in  the first degree; that the DOL doesn't                                                               
feel  that any  other changes  to  AS 11.51.100  are warranted  -                                                               
again, Section  6 is  intended as a  cleanup provision;  that the                                                               
DOL doesn't consider  AS 11.51.100 to be  too broad, particularly                                                               
given  that the  DOL retains  prosecutorial discretion;  and that                                                               
whether  someone  would  be prosecuted  under  AS  11.51.100  for                                                               
leaving a child  in a library would depend on  the specific facts                                                               
of the case.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG offered  his  belief  that existing  AS                                                               
11.51.100(a)(2)(B)-(C)  warrants revision  to  address those  who                                                               
were charged a  long time ago and those whose  charges were later                                                               
dismissed.                                                                                                                      
                                                                                                                                
MS. CARPENETI agreed  to research that issue  further and perhaps                                                               
provide  a clarifying  amendment regarding  [those whose  charges                                                               
were dismissed].                                                                                                                
                                                                                                                                
1:37:29 PM                                                                                                                    
                                                                                                                                
MS. CARPENETI then  explained that Section 7 - which  would add a                                                               
new  crime under  proposed  AS 11.61.116  -  addresses a  concern                                                               
that's come up  in recent years regarding  the electronic sending                                                               
of explicit images  of minors under the age  of 16; specifically,                                                               
Section  7 would  make it  a crime  to publish  or distribute  an                                                               
electronic or  printed photograph, picture, or  film that depicts                                                               
the genitals, anus, or female breast  of a minor under the age of                                                               
16.  However,  Section 7 would not apply  in situations involving                                                               
the sending  of lewd images  of children  [under the age  of 16],                                                               
since  such  child  pornography   is  already  covered  under  AS                                                               
11.41.455  -  unlawful  exploitation  of  a minor.    This  is  a                                                               
difficult issue to address, she  observed, because the goal would                                                               
be to  just have a  law that  applies in situations  where sexual                                                               
predators are using explicit images  in a way that further abuses                                                               
their  victims,  but  not  in   situations  where  children  have                                                               
foolishly   sent  explicit   images   of   themselves  to   their                                                               
boyfriend/girlfriend.                                                                                                           
                                                                                                                                
MS.  CARPENETI   relayed  that  Section  7's   proposed  language                                                               
attempts  to reach  a balance  by prohibiting  the sending  of an                                                               
explicit  image of  a minor  without the  consent of  the minor's                                                               
parent, but  not the sending by  a minor of his/her  own explicit                                                               
image.  Nothing in this provision  would allow a child to consent                                                               
to the sending  of his/her explicit image by  someone else, since                                                               
in Alaska,  a minor under  the age of  16 cannot give  consent; a                                                               
child  under the  age of  16 is  not capable  of making  a mature                                                               
decision  about his/her  explicit image  that may  end up  on the                                                               
Internet for the rest of his/her  life.  The penalty provided for                                                               
in Section 7,  therefore, is based on the harm  that could result                                                               
from  the transmission  of such  images; it  would be  a class  B                                                               
misdemeanor [if the  explicit image was sent to one  or two other                                                               
people, a  class A misdemeanor  if it was  sent to three  or more                                                               
other people,]  and a class  C felony if  it was [posted]  on the                                                               
Internet.                                                                                                                       
                                                                                                                                
CHAIR GATTO noted that Section  7 uses the phrase, "electronic or                                                               
printed photograph,  picture, or  film", and asked  whether these                                                               
terms were duplicative.                                                                                                         
                                                                                                                                
MS. CARPENETI  explained that  although that  might be  the case,                                                               
that  language was  taken  from the  unlawful  exploitation of  a                                                               
minor statute, and  has the added benefit of  having already been                                                               
interpreted by the courts, and  of already having been defined in                                                               
other statutes.   In response to comments  and further questions,                                                               
she assured the  committee that Section 7 would not  apply to the                                                               
sending of  text -  regardless of  how graphic  - adding  that it                                                               
would  be very  difficult  to draft  statutory language  defining                                                               
what,  exactly, would  be prohibited  without also  raising First                                                               
Amendment concerns.   Again, Section 7 is limited  to the sending                                                               
of explicit images  of children under the age of  16; such images                                                               
are not constitutionally protected.                                                                                             
                                                                                                                                
RESENTATIVE  HOLMES, referring  to the  term, "female  breast" as                                                               
used in  Section 7,  said she  would not  want this  provision to                                                               
apply in  situations where  a person sends  around pictures  of a                                                               
kids'  birthday  party,  for  example,   that  include  a  female                                                               
baby/toddler  without a  shirt  on, or  pictures  that include  a                                                               
teenage girl in a low-cut top.   She asked how that term would be                                                               
interpreted; for  example, at  what age would  a female  child be                                                               
considered to  have breasts,  and how much  of the  female breast                                                               
must be showing in the image in order for Section 7 to apply.                                                                   
                                                                                                                                
1:44:13 PM                                                                                                                    
                                                                                                                                
MS.  CARPENETI  indicated  that Section  7's  exception  for  the                                                               
sending  of explicit  images with  the child's  parent [or  legal                                                               
guardian's]  consent  might address  situations  such  as in  the                                                               
kids'  birthday  party example,  and  relayed  that although  the                                                               
statutes don't  further define the  term, "female  breast", there                                                               
have  been some  court decisions  on the  matter which  she would                                                               
provide to the  committee.  In response to  another question, she                                                               
said that Section  7 would not apply  to an image of a  girl in a                                                               
wet top because,  although it might be revealing,  the girl would                                                               
still  be clothed.   With  regard to  what culpable  mental state                                                               
would be  required under  Section 7, she  explained that  the DOL                                                               
would  have to  prove  that a  person  knowingly distributed  the                                                               
image with  reckless disregard that  it was  of a minor  under 16                                                               
years of age.                                                                                                                   
                                                                                                                                
MS. CARPENETI, in response to  further questions, said she is not                                                               
aware of  any federal-supremacy, treaty,  interstate-commerce, or                                                               
international-commerce issues  raised by  Section 7,  and posited                                                               
that  as   a  practical  matter,  there   probably  wouldn't  be,                                                               
particularly given  that Alaska's  courts have already  held, and                                                               
Alaska's  statutes  already  provide,  that if  a  person's  acts                                                               
occurring outside the state cause harm  to a victim in the state,                                                               
then the  State of  Alaska has jurisdiction  over the  person and                                                               
could  prosecute  him/her.    [Section   11  of  HB  127]  merely                                                               
clarifies  that point  [with  regard to  the  crimes outlined  in                                                               
proposed  AS 11.41.452  -  online  enticement of  a  minor -  and                                                               
proposed AS  11.61.116 - sending  an explicit image of  a minor],                                                               
though it won't ensure that the  perpetrator can be found or that                                                               
it would  be practical  to prosecute him/her,  but it  does allow                                                               
for  prosecution  by  the  state.   Additionally,  if  there  are                                                               
similar crimes  under federal law, then  both jurisdictions could                                                               
prosecute the person for the offense.                                                                                           
                                                                                                                                
1:52:17 PM                                                                                                                    
                                                                                                                                
MS. CARPENETI  went on  to explain  that Section  8 would  make a                                                               
conforming change to AS 11.61.120(a)(6)  to clarify that behavior                                                               
constituting a crime  under Section 7's proposed  AS 11.61.116 is                                                               
different than  behavior constituting a crime  under AS 11.61.120                                                               
- harassment  in the second  degree.   Section 9 would  amend the                                                               
statute  pertaining  to the  crime  of  distribution of  indecent                                                               
materials to minors  - AS 11.61.128 - to clarify  that the person                                                               
distributing  the   material  must  know  that   it  depicts  the                                                               
prohibited conduct, and to clarify that  if the minor to whom the                                                               
material was sent  is under 16 years of age,  that the person was                                                               
reckless with regard to that  fact.  Section 9's proposed changes                                                               
essentially spell out the culpable  mental state required for the                                                               
crime of  distribution of indecent  materials to minors,  and are                                                               
intended to  address issues raised  in federal court  in American                                                             
Booksellers Foundation  for Free  Expression (ABFFE)  v. Sullivan                                                             
[now known  as ABFFE  v. Burns],  and the  DOL is  expecting that                                                             
[the plaintiffs]  are going to  be suggesting further  changes to                                                               
AS 11.61.128, which the DOL believes is constitutional as is.                                                                   
                                                                                                                                
MS.  CARPENETI indicated  that Section  10 would  create two  new                                                               
misdemeanor  crimes:     proposed   AS  11.76.113   -  misconduct                                                               
involving confidential  information in the first  degree, a class                                                               
A misdemeanor;  and proposed AS 11.76.115  - misconduct involving                                                               
confidential  information  in  the   second  degree,  a  class  B                                                               
misdemeanor.  A person would  commit the second degree offense if                                                               
he/she knowingly  obtains confidential information  about another                                                               
person  without  either the  legal  authority  to  do so  or  the                                                               
consent of the other person, and  a person would commit the first                                                               
degree offense if  he/she commits the second  degree offense with                                                               
the intent  to use  that information  to commit  a crime,  [or to                                                               
obtain a benefit he/she is not  entitled to, or to injure another                                                               
person, or  to deprive another  person of a benefit].   [Proposed                                                               
AS 11.76.115(b)  defines the term, "confidential  information" as                                                               
including] information  that has been classified  confidential by                                                               
law  -  such  as  information   about  minors,  tax  information,                                                               
information dealing  with trade secrets, and  medical information                                                               
-  and   information  encoded  on   an  access  device,   [on  an                                                               
identification  (ID) card  issued under  AS 18.65.310,]  or on  a                                                               
driver's license.  She mentioned  that new technology has enabled                                                               
people  to  access  the information  encoded  on  various  access                                                               
devices, ID cards, and licenses  and then use that information to                                                               
commit property crimes.                                                                                                         
                                                                                                                                
REPRESENTATIVE GRUENBERG noted that language  on page 5, line 25,                                                               
contains  a typographical  error  in that  the  word "if"  should                                                               
instead be the word "of" in proposed AS 11.76.115(a).                                                                           
                                                                                                                                
MS.  CARPENETI concurred.   In  response to  comments, she  noted                                                               
that  sometimes businesses  will  ask for  a customer's  driver's                                                               
license for no apparent reason, and  then run it through a device                                                               
and obtain  the information  encoded on it,  and she  opined that                                                               
businesses shouldn't be  doing that unless they  first obtain the                                                               
customer's consent.   In response  to a question, she  shared her                                                               
belief that HB 127 doesn't violate the single subject rule.                                                                     
                                                                                                                                
2:02:21 PM                                                                                                                    
                                                                                                                                
MS. CARPENETI again explained that  Section 11 clarifies that the                                                               
State of Alaska  would have jurisdiction to  prosecute people who                                                               
aren't in  Alaska but who  commit the crime of  online enticement                                                               
of  a minor,  or the  crime  of sending  an explicit  image of  a                                                               
minor,  in situations  where the  minor  was in  Alaska when  the                                                               
offense took  place.   In response  to questions,  she reiterated                                                               
that when the  state and federal government  have similar crimes,                                                               
then both jurisdictions could choose  to prosecute the person for                                                               
the offense,  depending on the  circumstances, though it  may not                                                               
be practical  to do so or  possible to find the  perpetrator; and                                                               
relayed that  in terms of  jurisdiction over criminal  matters, a                                                               
lot  of Alaska's  criminal  statutes are  driven  by policy,  not                                                               
necessarily by the constitution.                                                                                                
                                                                                                                                
REPRESENTATIVE  GRUENBERG questioned  why  no  other crimes  were                                                               
included in Section 11.                                                                                                         
                                                                                                                                
MS. CARPENETI indicated that although  the DOL definitely doesn't                                                               
want  to limit  any jurisdiction  that Alaska  may have  over any                                                               
Internet crimes,  it felt  that it was  important to  clarify the                                                               
issue for  those two specific  crimes.  Section 11,  though, also                                                               
states,  "This   jurisdiction  is   in  addition  to   any  other                                                               
jurisdictional basis expressed or implied in law".                                                                              
                                                                                                                                
REPRESENTATIVE   GRUENBERG   indicated  interest   in   expanding                                                               
Section 11 such  that it would  also address  distribution crimes                                                               
and conspiracy  crimes committed against minors,  and interest in                                                               
expanding the  conspiracy statutes  such that they  would address                                                               
some of the crimes against minors outlined in the bill.                                                                         
                                                                                                                                
REPRESENTATIVE LYNN  expressed interest in adding  a provision to                                                               
HB 127 that would address situations  in which false caller ID is                                                               
used in the commission of a crime against a minor.                                                                              
                                                                                                                                
MS. CARPENETI agreed to research those issues further.                                                                          
                                                                                                                                
2:11:09 PM                                                                                                                    
                                                                                                                                
MS.  CARPENETI  explained  that   Section  12  would  change  the                                                               
sentencing provisions in Title 12  to reflect the bill's proposed                                                               
changes  [via Sections  3, 4,  and 5]  to the  penalties for  the                                                               
crimes of unlawful exploitation of  a minor and online enticement                                                               
of a  minor.  Section  13 would clarify  for the courts  that the                                                               
commissioner of the  Department of Corrections (DOC)  may, but is                                                               
not required to, provide active  supervision to persons placed on                                                               
probation  for certain  misdemeanor  offenses; currently,  active                                                               
supervision is not generally  provided for misdemeanor offenders.                                                               
In  response  to  questions  and  comments,  she  indicated  that                                                               
Section  13 would  address situations  involving the  DOC's pilot                                                               
Probationer  Accountability   with  Certain   Enforcement  (PACE)                                                               
program; and  clarified that  under current  law, the  DOC cannot                                                               
provide  active supervision  for  an offender  unless he/she  has                                                               
been placed on probation, that the  judge is the only one who can                                                               
place an offender  on probation, and that  Section 13, regardless                                                               
that  it is  repealing and  reenacting AS  33.05.020(a), wouldn't                                                               
change that.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG, referring  to  Section  15, asked  why                                                               
July 1, 2011, was chosen as the effective date.                                                                                 
                                                                                                                                
MS. CARPENETI relayed  that when crafting criminal  laws, the DOL                                                               
tries  to provide  a specific  effective  date in  order to  give                                                               
those who  must deal with  the new  laws time to  become familiar                                                               
with  them,  and so  generally  chooses  July  1 since  that's  a                                                               
reasonable  amount  of time  after  the  legislative session  has                                                               
ended  for the  DOL to  get  the word  out.   Without a  specific                                                               
effective date, it  can be confusing for law  enforcement to keep                                                               
track of when particular laws go into effect.                                                                                   
                                                                                                                                
2:21:15 PM                                                                                                                    
                                                                                                                                
DEREK  DeGRAAF,  Sergeant,   Supervisor,  Technical  Crimes  Unit                                                               
(TCU), Alaska  Bureau of Investigation (ABI),  Division of Alaska                                                               
State  Troopers, Department  of  Public Safety  (DPS), said  that                                                               
just in  the past year,  he has seen  examples of all  the crimes                                                               
outlined in  the bill occurring  throughout Alaska.  Some  of the                                                               
crimes have occurred  in rural areas and others  have occurred in                                                               
urban areas.   Because of the  technical nature of some  of these                                                               
crimes,  the   TCU  has  statewide  jurisdiction   and  thus  can                                                               
supplement  local   law  enforcement  investigations   into  such                                                               
crimes.   On  the  issue of  devices that  can  track a  victim's                                                               
keystrokes, he relayed that [the  TCU] believes that the language                                                               
proposed  in the  bill  is sufficient  to  address such  devices,                                                               
whether  they  are software  devices  or  hardware devices.    In                                                               
response to questions, he surmised  that in rural communities, it                                                               
could well  be that VPSOs  would be  the first responders  to the                                                               
crimes  outlined  in  the  bill,   and  then  the  TCU  would  be                                                               
contacted, and  that as  the VPSO program  is expanded,  the more                                                               
success   there   will   be  in   reporting,   identifying,   and                                                               
investigating such crimes.                                                                                                      
                                                                                                                                
CHAIR  GATTO surmised  that  more reporting  will  lead to  fewer                                                               
offenses occurring.                                                                                                             
                                                                                                                                
MR.  DeGRAAF,  in response  to  a  question, indicated  that  the                                                               
changes proposed via  Section 7 of HB 127 fall  in line with laws                                                               
in other  states, and  that over  the past  couple of  years, law                                                               
enforcement offices  in Alaska have  been receiving  many reports                                                               
of  people -  often minors  -  sending explicit  images of  other                                                               
minors.  He  opined that Section 7's proposed  language strikes a                                                               
fair balance between  those who engage in such  activity with bad                                                               
intentions and those  who do so as  part of a joke.   In response                                                               
to comments and another question, he  pointed out that in many of                                                               
the cases  he is  familiar with, although  the activity  may have                                                               
started out as part of a  joke, it quickly progressed beyond that                                                               
and  became very  harmful  to the  minors  involved.   Currently,                                                               
[without passage  of HB 127] not  much can be done  in such cases                                                               
because there  is no  criminal statute  in place  addressing this                                                               
behavior.                                                                                                                       
                                                                                                                                
CHAIR GATTO  expressed an interest  in receiving  suggestions for                                                               
statutory changes  that could further  assist law  enforcement in                                                               
protecting Alaska's  children.  In conclusion,  he announced that                                                               
HB 127 would be held over.                                                                                                      

Document Name Date/Time Subjects
HB127 Hearing Request 01-27-11.pdf HJUD 2/7/2011 1:00:00 PM
HB 127
HB127 Witness List 02-04-11.pdf HJUD 2/7/2011 1:00:00 PM
HB 127
HB127 Sponsor Statement 01-24-11.pdf HJUD 2/7/2011 1:00:00 PM
HB 127
HB127 Sectional Analysis 01-27-11.pdf HJUD 2/7/2011 1:00:00 PM
HB 127
HB127 Version A 01-26-11.pdf HJUD 2/7/2011 1:00:00 PM
HB 127
HB127 Relevant Statutes 11.41.270.pdf HJUD 2/7/2011 1:00:00 PM
HB 127
HB127 Relevant Statutes 11.41.452.pdf HJUD 2/7/2011 1:00:00 PM
HB 127
HB127 Relevant Statutes 11.41.455.pdf HJUD 2/7/2011 1:00:00 PM
HB 127
HB127 Sectional Analysis 02-07-11.pdf HJUD 2/7/2011 1:00:00 PM
HB 127
HB127 Relevant Statutes 33.05.020.pdf HJUD 2/7/2011 1:00:00 PM
HB 127
HB127 Fiscal Note-DOC-OC-01-20-11.pdf HJUD 2/7/2011 1:00:00 PM
HB 127
HB127 Fiscal Note-DPS-DET-01-12-11.pdf HJUD 2/7/2011 1:00:00 PM
HB 127
HB127 Fiscal Note-LAW-CRIM-01-11-11.pdf HJUD 2/7/2011 1:00:00 PM
HB 127
HB127 Fiscal Note-DOA-PDA-01-12-11.pdf HJUD 2/7/2011 1:00:00 PM
HB 127
HB127 Opposing Documents-Letter ACLU 02-04-11.pdf HJUD 2/7/2011 1:00:00 PM
HB 127
HB127 Opposing Documents-Letter Media Coalition 02-04-11.pdf HJUD 2/7/2011 1:00:00 PM
HB 127