HB 326-USE OF LEWD MATERIAL AS HARASSMENT                                                                        
                                                                                                                                
9:40:02 AM                                                                                                                    
CHAIR RALPH SEEKINS announced HB 326 to be up for consideration.                                                                
                                                                                                                                
SENATOR GRETCHEN GUESS joined the committee.                                                                                    
                                                                                                                                
REPRESENTATIVE KEVIN MEYER introduced HB  326. The bill would add                                                               
the  posting,  publishing or  distribution  of  lewd and  obscene                                                               
pictures  into   the  current   definition  of   harassment.  The                                                               
definition in  current statute is  limited to  obscene electronic                                                               
communication. The  conduct prohibited  by HB  326 is  limited to                                                               
lewd  and obscene  because of  the fine  line between  freedom of                                                               
expression and an individual's right  to be free from harassment.                                                               
The  current harassment  definition has  been challenged  and has                                                               
held up and so it appears it is a solid statute.                                                                                
                                                                                                                                
9:43:02 AM                                                                                                                    
SENATOR  GENE  THERRIAULT  asked  the  reason  for  no  immediate                                                               
effective date.                                                                                                                 
                                                                                                                                
REPRESENTATIVE MEYER said there was no reason.                                                                                  
                                                                                                                                
MIKE PAWLOWSKI,  staff to Representative  Meyer, said it  had not                                                               
been previously brought up and  that the sponsor had no objection                                                               
over an immediate effective date.                                                                                               
                                                                                                                                
SENATOR  THERRIAULT  asked whether  that  would  trigger a  title                                                               
change.                                                                                                                         
                                                                                                                                
HEATHER BRAKES, staff to Senator  Therriault, said she questioned                                                               
the drafters  about that and  they indicated adding  an immediate                                                               
effective date would not trigger  a title change resolution since                                                               
it would be a technical change.                                                                                                 
                                                                                                                                
9:45:20 AM                                                                                                                    
SENATOR THERRIAULT moved Amendment  1. Add an immediate effective                                                               
date.                                                                                                                           
                                                                                                                                
ANNIE CARPENETI,  Assistant Attorney  General, Department  of Law                                                               
(DOL), said the DOL had no objection to the bill.                                                                               
                                                                                                                                
Hearing no objections, Amendment 1 was adopted.                                                                                 
                                                                                                                                
SENATOR  THERRIAULT asked  Ms.  Carpeneti  whether the  committee                                                               
needed  to add  a statement  saying the  effective date  would be                                                               
applicable to crimes that were committed after.                                                                                 
                                                                                                                                
MS. CARPENETI  said criminal statutes  do apply  perspectively so                                                               
it would probably not be necessary.                                                                                             
                                                                                                                                
CHAIR SEEKINS asked the definition of "sexual act."                                                                             
                                                                                                                                
MS. CARPENETI  responded it  was defined in  AS 11.41.470  (6) as                                                               
"sexual contact or sexual penetration."                                                                                         
                                                                                                                                
9:47:31 AM                                                                                                                    
SENATOR  FRENCH said  this kind  of harassment  is seen  often in                                                               
domestic   violence.   He    asked   Representative   Meyer   for                                                               
clarification of whom the bill would be targeting.                                                                              
                                                                                                                                
REPRESENTATIVE MEYER said the intent  was to cover the person who                                                               
was  being  harassed.  Sending   emails  is  already  covered  in                                                               
statute. It is  intended to cover incidences  of people producing                                                               
lewd pictures of somebody that they wish to annoy.                                                                              
                                                                                                                                
9:50:06 AM                                                                                                                    
CHAIR SEEKINS noted he read AS 11.61.120(a)(4) as vague.                                                                        
                                                                                                                                
SENATOR  FRENCH clarified  that the  intent would  have to  be to                                                               
annoy or harass the person.                                                                                                     
                                                                                                                                
CHAIR SEEKINS  said it wouldn't  necessarily be connected  to any                                                               
threat of physical injury or sexual contact.                                                                                    
                                                                                                                                
SENATOR  FRENCH  said  even  an anonymous  phone  call  could  be                                                               
harassment if the intent is to harass.                                                                                          
                                                                                                                                
9:53:45 AM                                                                                                                    
CHAIR SEEKINS asked  Ms. Carpeneti whether the  DOL supported the                                                               
bill.                                                                                                                           
                                                                                                                                
MS. CARPENETI responded in affirmation.                                                                                         
                                                                                                                                
CHAIR SEEKINS closed public testimony.                                                                                          
                                                                                                                                
SENATOR CHARLIE  HUGGINS moved SCS  CSHB 326(JUD)  from committee                                                               
with  individual  recommendations   and  attached  fiscal  notes.                                                               
Hearing no objections, the motion carried.