SEXUAL ASSAULT BY HEALTH CARE WORKER

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HOUSE BILL NO. 242

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - SECOND SESSION

BY REPRESENTATIVES HANNAN, Vance

Introduced: 1/20/26
Referred: Health and Social Services, Judiciary

A BILL

FOR AN ACT ENTITLED

"An Act relating to sexual assault." 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 2
* Section 1. AS 11.41.410(a) is amended to read: 3
(a) An offender commits the crime of sexual assault in the first degree if 4
(1) the offender engages in sexual penetration with another person 5
(A) without consent of that person by 6
(i) the use of force or the express or implied threat of 7
force against any person or property; or 8
(ii) causing the person to become incapacitated; 9
(B) by impersonating someone known to the person for the 10
purpose of obtaining consent; 11
(2) the offender attempts to engage in sexual penetration with another 12
person without consent of that person and causes serious physical injury to that 13
person; 14
(3) the offender engages in sexual penetration with another person 15
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(A) who the offender knows is mentally incapable; and 1
(B) who is in the offender's care 2
(i) by authority of law; or 3
(ii) in a facility or program that is required by law to be 4
licensed by the state; or 5
(4) the offender is a health care worker who engages in sexual 6
penetration with a person during the course of professional treatment of the person 7
[WHO THE OFFENDER KNOWS IS UNAWARE THAT A SEXUAL ACT IS 8
BEING COMMITTED AND 9
(A) THE OFFENDER IS A HEALTH CARE WORKER; 10
AND 11
(B) THE OFFENSE TAKES PLACE DURING THE COURSE 12
OF PROFESSIONAL TREATMENT OF THE VICTIM]. 13
* Sec. 2. AS 11.41.420(a) is amended to read: 14
(a) An offender commits the crime of sexual assault in the second degree if 15
(1) the offender engages in sexual contact with another person 16
(A) without consent of that person by 17
(i) the use of force or the express or implied threat of 18
force against any person or property; or 19
(ii) causing the person to become incapacitated; 20
(B) by impersonating someone known to the person for the 21
purpose of obtaining consent; 22
(2) the offender engages in sexual contact with a person 23
(A) who the offender knows is mentally incapable; and 24
(B) who is in the offender's care 25
(i) by authority of law; or 26
(ii) in a facility or program that is required by law to be 27
licensed by the state; 28
(3) the offender engages in sexual penetration with a person who is 29
(A) mentally incapable; 30
(B) incapacitated; or 31
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HB0242a -3- HB 242
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(C) unaware that a sexual act is being committed; 1
(4) the offender is a health care worker who engages in sexual 2
contact with a person during the course of professional treatment of the victim 3
[WHO THE OFFENDER KNOWS IS UNAWARE THAT A SEXUAL ACT IS 4
BEING COMMITTED AND 5
(A) THE OFFENDER IS A HEALTH CARE WORKER; 6
AND 7
(B) THE OFFENSE TAKES PLACE DURING THE COURSE 8
OF PROFESSIONAL TREATMENT OF THE VICTIM]; or 9
(5) under circumstances not proscribed under AS 11.41.410, the 10
offender engages in sexual penetration with another person without consent of that 11
person. 12
* Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 13
read: 14
APPLICABILITY. AS 11.41.410(a), as amended by sec. 1 of this Act, and 15
AS 11.41.420(a), as amended by sec. 2 of this Act, apply to offenses committed on or after 16
the effective date of this Act. 17