HB101
HB101: Updating Crimes Against Minors and Civil Claims
In one sentence
This bill updates Alaska laws to treat people under age 18 as minors for specific crimes, allows victims of sexual abuse who were under 18 to file civil lawsuits, and adjusts penalties for offenses involving children.
What it does
- Changes the legal definition of a minor from under 16 years old to under 18 years old in laws regarding civil claims for sexual abuse, murder, assault, stalking, enticement, endangering welfare, indecent exposure, and sending explicit images.
- Allows people who were sexually abused as minors (under age 18) to file lawsuits against their abusers for damages caused by intentional conduct.
- Updates first-degree murder laws so that causing death during a sexual offense or kidnapping of a child under 18 counts as murder in the first degree, and includes criminal negligence resulting in serious injury and death to children under 18.
- Revises second-degree murder laws to include cases where a person with prior convictions involving children negligently causes the death of a child under 18.
- Updates third-degree assault laws so that adults who knowingly cause physical injury requiring medical treatment to a child between ages 12 and 17 (who is at least two years younger than the offender) commit a crime, with an affirmative defense if they reasonably believed the victim was over 16 but not under 13.
- Updates stalking laws so that having a victim under age 18 can make the offense first-degree stalking.
Who it affects
- People who were sexually abused before turning 18 years old and wish to file civil lawsuits.
- Individuals accused or convicted of crimes against children under the age of 18, including murder, assault, stalking, enticement, and indecent exposure.
- Courts handling criminal cases involving homicide, assault, stalking, sexual offenses with child victims, and testimony rules for children.
Limits and unknowns
- The provided text does not state a specific date when these new laws will officially begin.
- Some sections of the full law regarding sentencing details and child testimony rules are cut off or incomplete in this excerpt.
Plain language
Terms to know
- Civil claim
- A lawsuit where a victim asks the court for money to pay for injuries caused by someone else's intentional actions.
- Affirmative defense
- An argument that says the defendant is not guilty even if they did the act, such as reasonably believing the child was 16 or older (but not under 13) in certain assault cases.
Official record
Sources
Official summary
CRIMES AGAINST MINORS; AGE CONSENT TO 18 An Act relating to civil claims by victims of sexual abuse of a minor; relating to homicide; relating to assault in the third degree; relating to stalking; relating to sexual abuse of a minor; relating to enticement of a minor; relating to endangering the welfare of a child; relating to indecent exposure; relating to sending an explicit image of a minor; relating to solicitation or production of an indecent picture of a minor; relating to distribution of indecent material to minors; relating to the testimony of children in criminal proceedings; relating to sentencing; and providing for an effective date.
Official activity
Bill history
- (S) CROSS SPONSOR(S): MERRICK, GIESSEL2226
- (S) Heard & HeldText
- (S) JUDICIARY at 01:30 PM BUTROVICH 205Text
- (S) CRONK1834
- (S) CROSS SPONSOR(S): GRAY-JACKSON, MYERS, TILTON, KAWASAKI, YUNDT, BJORKMAN,1834
- (S) Heard & HeldText
- (S) JUDICIARY at 01:30 PM BUTROVICH 205Text
- (S) Heard & HeldText
- (S) JUDICIARY at 01:30 PM BUTROVICH 205Text
- (S) REFERRED TO JUDICIARY1352
- (S) JUD, FIN1352
- (S) READ THE FIRST TIME - REFERRALS1352
- (H) VERSION: CSHB 101(FIN)1329
- (H) TRANSMITTED TO (S)1329
- (H) COSPONSOR(S): KOPP, NELSON1328
- (H) EFFECTIVE DATE(S) SAME AS PASSAGE1327
- (H) PASSED ON RECONSIDERATION Y39 A11326
- (H) RECON SAME DAY UC - IN THIRD READING1326
- (H) STUTES NOTICE OF RECONSIDERATION1326
- (H) EFFECTIVE DATE(S) SAME AS PASSAGE1324