Read the full stored bill text
SB0247B -1- CSSB 247(CRA)
New Text Underlined [DELETED TEXT BRACKETED]
34-LS1470\N
CS FOR SENATE BILL NO. 247(CRA)
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - SECOND SESSION
BY THE SENATE COMMUNITY AND REGIONAL AFFAIRS COMMITTEE
Offered: 4/10/26
Referred: Judiciary
Sponsor(s): SENATORS KIEHL, Merrick, Giessel, Myers, Yundt, Cronk, Kawasaki, Stedman, Tilton
A BILL
FOR AN ACT ENTITLED
"An Act relating to crime and criminal procedure; relating to sexual abuse of a minor; 1
relating to enticement of a minor; relating to unlawful exploitation of a minor; relating 2
to generated obscene child sexual abuse material; relating to teaching certificates; and 3
relating to licensing of school bus drivers." 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 5
* Section 1. AS 11.41.436(a) is amended to read: 6
(a) An offender commits the crime of sexual abuse of a minor in the second 7
degree if, 8
(1) being 17 years of age or older, the offender engages in sexual 9
penetration with a person who is 13, 14, or 15 years of age and at least four years 10
younger than the offender, or aids, induces, causes, or encourages a person who is 13, 11
14, or 15 years of age and at least four years younger than the offender to engage in 12
sexual penetration with another person; 13
(2) being 16 years of age or older, the offender engages in sexual 14
34-LS1470\N
CSSB 247(CRA) -2- SB0247B
New Text Underlined [DELETED TEXT BRACKETED]
contact with a person who is under 13 years of age or aids, induces, causes, or 1
encourages a person under 13 years of age to engage in sexual contact with another 2
person; 3
(3) being 18 years of age or older, the offender engages in sexual 4
contact with a person who is under 18 years of age, and the offender is the victim's 5
natural parent, stepparent, adopted parent, or legal guardian; 6
(4) being 16 years of age or older, the offender aids, induces, causes, 7
or encourages a person who is under 16 years of age to engage in conduct described in 8
AS 11.41.455(a)(2) - (6) or (8); 9
(5) being 18 years of age or older, the offender engages in sexual 10
contact with a person who is under 16 years of age, and 11
(A) the victim at the time of the offense is residing in the same 12
household as the offender and the offender has authority over the victim; or 13
(B) the offender occupies a position of authority in relation to 14
the victim; 15
(6) being 18 years of age or older, the offender engages in sexual 16
penetration with a person who is 16 or 17 years of age and at least three years younger 17
than the offender, and the offender occupies a position of authority in relation to the 18
victim; or 19
(7) being under 16 years of age, the offender engages in sexual 20
penetration with a person who is under 13 years of age and at least three years younger 21
than the offender. 22
* Sec. 2. AS 11.41.452(a) is amended to read: 23
(a) A person commits the crime of enticement of a minor if the person, being 24
18 years of age or older, knowingly communicates with another person to entice, 25
solicit, or encourage the person to engage in an act described in AS 11.41.455(a)(1) - 26
(8) [AS 11.41.455(a)(1) - (7)] and 27
(1) the other person is a child under 16 years of age; or 28
(2) the person believes that the other person is a child under 16 years 29
of age. 30
* Sec. 3. AS 11.41.452(c) is amended to read: 31
34-LS1470\N
SB0247B -3- CSSB 247(CRA)
New Text Underlined [DELETED TEXT BRACKETED]
(c) In a prosecution under this section, it is not necessary for the prosecution 1
to show that the act described in AS 11.41.455(a)(1) - (8) [AS 11.41.455(a)(1) - (7)] 2
was actually committed. 3
* Sec. 4. AS 11.41.455(a) is amended to read: 4
(a) A person commits the crime of unlawful exploitation of a minor if, in the 5
state and with the intent of producing a live performance, film, audio, video, 6
electronic, or electromagnetic recording, photograph, negative, slide, book, 7
newspaper, magazine, or other material that visually or aurally depicts the conduct 8
listed in (1) - (8) [(1) - (7)] of this subsection, the person knowingly induces or 9
employs a child under 18 years of age to engage in, or photographs, films, records, or 10
televises a child under 18 years of age engaged in, the following actual or simulated 11
conduct: 12
(1) sexual penetration; 13
(2) the lewd touching of another person's genitals, anus, or breast; 14
(3) the lewd touching by another person of the child's genitals, anus, or 15
breast; 16
(4) masturbation; 17
(5) bestiality; 18
(6) the lewd exhibition of the child's genitals; [OR] 19
(7) sexual masochism or sadism; or 20
(8) contact with semen. 21
* Sec. 5. AS 11.61.118(a) is amended to read: 22
(a) A person commits the crime of harassment in the first degree if, under 23
circumstances not proscribed under AS 11.41.410 - 11.41.427, [OR] 11.41.434 - 24
11.41.440, or 11.41.455, the person violates AS 11.61.120(a)(5) and the offensive 25
physical contact is contact 26
(1) with human or animal blood, mucus, saliva, semen, urine, vomitus, 27
or feces; or 28
(2) by the person touching through clothing another person's genitals, 29
buttocks, or female breast. 30
* Sec. 6. AS 11.61.120(a) is amended to read: 31
34-LS1470\N
CSSB 247(CRA) -4- SB0247B
New Text Underlined [DELETED TEXT BRACKETED]
(a) A person commits the crime of harassment in the second degree if, with 1
intent to harass or annoy another person, that person 2
(1) insults, taunts, or challenges another person in a manner likely to 3
provoke an immediate violent response; 4
(2) telephones another and fails to terminate the connection with intent 5
to impair the ability of that person to place or receive telephone calls; 6
(3) makes repeated telephone calls at extremely inconvenient hours; 7
(4) makes an anonymous or obscene telephone call, an obscene 8
electronic communication, or a telephone call or electronic communication that 9
threatens physical injury or sexual contact; 10
(5) subjects another person to offensive physical contact; 11
(6) except as provided in AS 11.61.116, publishes or distributes 12
electronic or printed photographs, pictures, or films that show the genitals, anus, or 13
female breast of the other person or show that person engaged in a sexual act; 14
(7) repeatedly sends or publishes an electronic communication that 15
insults, taunts, challenges, or intimidates a person under 18 years of age in a manner 16
that places the person in reasonable fear of physical injury; or 17
(8) under circumstances not proscribed under AS 11.41.455, 18
AS 11.61.121, 11.61.125 [AS 11.61.125], or 11.61.128, repeatedly sends to another 19
person, publishes, or distributes electronic or printed photographs, pictures, or films 20
that show the genitals of any person. 21
* Sec. 7. AS 11.61 is amended by adding new sections to read: 22
Sec. 11.61.121. Distribution of generated obscene child sexual abuse 23
material. (a) A person commits the crime of distribution of generated obscene child 24
sexual abuse material if the person knowingly distributes in this state or advertises, 25
promotes, solicits, or offers to distribute in this state any material that is proscribed 26
under AS 11.61.122. 27
(b) The possession of 100 or more films, audio, video, electronic, or 28
electromagnetic recordings, photographs, negatives, slides, books, newspapers, 29
magazines, or other materials, including a combination of these items totaling 100 or 30
more, is prima facie evidence of distribution and intent to distribute under (a) of this 31
34-LS1470\N
SB0247B -5- CSSB 247(CRA)
New Text Underlined [DELETED TEXT BRACKETED]
section. 1
(c) In this section, "distribution" includes the following, whether or not for 2
monetary or other consideration: delivering, selling, renting, leasing, lending, giving, 3
circulating, exhibiting, presenting, providing, exchanging, placing on a computer 4
network or computer system, and providing billing collection, or other ancillary 5
services for or otherwise supporting these activities. 6
(d) Distribution of generated obscene child sexual abuse material is a 7
(1) class B felony; or 8
(2) class A felony if the person has been previously convicted of 9
distribution of generated obscene child sexual abuse material in this jurisdiction, 10
distribution of child sexual abuse materials under AS 11.61.125, or a similar crime in 11
this or another jurisdiction. 12
Sec. 11.61.122. Possession of generated obscene child sexual abuse 13
material. (a) A person commits the crime of possession of generated obscene child 14
sexual abuse material if the person knowingly possesses or knowingly accesses on a 15
computer with intent to view any material that 16
(1) the average person, applying contemporary community standards, 17
would find, when considered as a whole, appeals to the prurient interest; 18
(2) depicts, in a patently offensive way, a child under 18 years of age 19
who, by manipulation, creation, or modification, appears to be engaged in conduct 20
described in AS 11.41.455(a)(1) - (8), regardless of whether an actual child was used; 21
and 22
(3) when considered as a whole, lacks serious literary, artistic, 23
political, or scientific value. 24
(b) This section does not apply to an employee or contractor of an interactive 25
computer service, Internet service provider, cloud service provider, or 26
telecommunications network who, while acting in the scope of employment, possesses 27
or accesses the material described in (a) of this section solely to prevent, detect, report, 28
or otherwise respond to the production, generation, manipulation, or modification of 29
the material. In this subsection, "interactive computer service" has the meaning given 30
in AS 11.61.127(b). 31
34-LS1470\N
CSSB 247(CRA) -6- SB0247B
New Text Underlined [DELETED TEXT BRACKETED]
(c) In this section, "computer" has the meaning given in AS 11.46.990. 1
(d) Possession of generated obscene child sexual abuse material is a class C 2
felony. 3
* Sec. 8. AS 11.61.125(e) is amended to read: 4
(e) Distribution of child sexual abuse material is a 5
(1) class B felony; or 6
(2) class A felony if the person has been previously convicted of 7
distribution of child sexual abuse material in this jurisdiction, distribution of 8
generated obscene child sexual abuse material under AS 11.61.121, or a similar 9
crime in this or another jurisdiction. 10
* Sec. 9. AS 11.61.127(a) is amended to read: 11
(a) A person commits the crime of possession of child sexual abuse material if 12
the person knowingly possesses or knowingly accesses on a computer with intent to 13
view any material that visually depicts conduct described in AS 11.41.455(a)(1) - (8) 14
[AS 11.41.455(a)] knowing that the 15
(1) production of the material involved the use of a child under 18 16
years of age who engaged in the conduct; or 17
(2) material depicts [A DEPICTION OF] a part of an actual child 18
under 18 years of age who, by manipulation, creation, or modification, appears to be 19
engaged in the conduct. 20
* Sec. 10. AS 11.61.127(b) is amended to read: 21
(b) This section does not apply to 22
(1) persons providing plethysmograph assessments in the course of a 23
sex offender treatment program that meets the minimum standards under 24
AS 33.30.011(a)(5); or 25
(2) an employee or contractor of an interactive computer service, 26
Internet service provider, cloud service provider, or telecommunications network 27
who, while acting in the scope of employment, possesses or accesses the material 28
described in (a) of this section solely to prevent, detect, report, or otherwise 29
respond to the production, generation, manipulation, or modification of the 30
material; in this paragraph, "interactive computer service" means an 31
34-LS1470\N
SB0247B -7- CSSB 247(CRA)
New Text Underlined [DELETED TEXT BRACKETED]
information service, system, or access software provider that provides or enables 1
computer access by multiple users to a computer server, including specifically a 2
service or system that provides access to the Internet and those systems operated 3
or services offered by libraries or educational institutions. 4
* Sec. 11. AS 11.61.129(a) is amended to read: 5
(a) Property used to aid a violation of AS 11.61.121 - 11.61.128 6
[AS 11.61.123 - 11.61.128] or to aid the solicitation of, attempt to commit, or 7
conspiracy to commit a violation of AS 11.61.121 - 11.61.128 [AS 11.61.123 - 8
11.61.128] may be forfeited to the state upon the conviction of the offender. 9
* Sec. 12. AS 11.66.100(c) is amended to read: 10
(c) A person may not be prosecuted under (a)(1) of this section if the 11
(1) person witnessed or was a victim of, and reported to law 12
enforcement in good faith, one or more of the following crimes: 13
(A) murder in the first degree under AS 11.41.100; 14
(B) murder in the second degree under AS 11.41.110; 15
(C) manslaughter under AS 11.41.120; 16
(D) criminally negligent homicide under AS 11.41.130; 17
(E) assault in the first degree under AS 11.41.200; 18
(F) assault in the second degree under AS 11.41.210; 19
(G) assault in the third degree under AS 11.41.220; 20
(H) assault in the fourth degree under AS 11.41.230; 21
(I) sexual assault in the first degree under AS 11.41.410; 22
(J) sexual assault in the second degree under AS 11.41.420; 23
(K) sexual assault in the third degree under AS 11.41.425; 24
(L) sexual assault in the fourth degree under AS 11.41.427; 25
(M) sexual abuse of a minor in the first degree under 26
AS 11.41.434; 27
(N) sexual abuse of a minor in the second degree under 28
AS 11.41.436; 29
(O) sexual abuse of a minor in the third degree under 30
AS 11.41.438; 31
34-LS1470\N
CSSB 247(CRA) -8- SB0247B
New Text Underlined [DELETED TEXT BRACKETED]
(P) sexual abuse of a minor in the fourth degree under 1
AS 11.41.440; 2
(Q) robbery in the first degree under AS 11.41.500; 3
(R) robbery in the second degree under AS 11.41.510; 4
(S) extortion under AS 11.41.520; 5
(T) coercion under AS 11.41.530; 6
(U) distribution of child sexual abuse material under 7
AS 11.61.125; 8
(V) possession of child sexual abuse material under 9
AS 11.61.127; 10
(W) sex trafficking in the first degree under AS 11.66.110; 11
(X) sex trafficking in the second degree under AS 11.66.120; 12
(Y) sex trafficking in the third degree under AS 11.66.130; 13
[OR] 14
(Z) sex trafficking in the fourth degree under AS 11.66.135; 15
(AA) distribution of generated obscene child sexual abuse 16
material under AS 11.61.121; or 17
(BB) possession of generated obscene child sexual abuse 18
material under AS 11.61.122; 19
(2) evidence supporting the prosecution under (a)(1) of this section 20
was obtained or discovered as a result of the person reporting the crime to law 21
enforcement; and 22
(3) person cooperated with law enforcement personnel. 23
* Sec. 13. AS 12.10.010(a) is amended to read: 24
(a) Prosecution for the following offenses may be commenced at any time: 25
(1) murder; 26
(2) attempt, solicitation, or conspiracy to commit murder or hindering 27
the prosecution of murder; 28
(3) felony sexual abuse of a minor; 29
(4) sexual assault that is an unclassified, class A, or class B felony or a 30
violation of AS 11.41.425(a)(2) - (4); 31
34-LS1470\N
SB0247B -9- CSSB 247(CRA)
New Text Underlined [DELETED TEXT BRACKETED]
(5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 1
AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 2
who, at the time of the offense, was under 18 years of age; 3
(6) kidnapping; 4
(7) distribution of generated obscene child sexual abuse material in 5
violation of AS 11.61.121 or distribution of child sexual abuse material in violation of 6
AS 11.61.125; 7
(8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 8
unclassified, class A, or class B felony or that is committed against a person who, at 9
the time of the offense, was under 20 years of age; 10
(9) human trafficking in violation of AS 11.41.360 or 11.41.365. 11
* Sec. 14. AS 12.55.078(f) is amended to read: 12
(f) The court may not suspend the imposition or entry of judgment and may 13
not defer prosecution under this section of a person who 14
(1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 15
- 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 16
AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 17
AS 11.66.110 - 11.66.135; 18
(2) uses a firearm in the commission of the offense for which the 19
person is charged; 20
(3) has previously been granted a suspension of judgment under this 21
section or a similar statute in another jurisdiction, unless the court enters written 22
findings that by clear and convincing evidence the person's prospects for rehabilitation 23
are high and suspending judgment under this section adequately protects the victim of 24
the offense, if any, and the community; 25
(4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony 26
and the person has one or more prior convictions for a misdemeanor violation of 27
AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 28
having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 29
felony in this state; for the purposes of this paragraph, a person shall be considered to 30
have a prior conviction even if 31
34-LS1470\N
CSSB 247(CRA) -10- SB0247B
New Text Underlined [DELETED TEXT BRACKETED]
(A) the charges were dismissed under this section; 1
(B) the conviction has been set aside under AS 12.55.085; or 2
(C) the charge or conviction was dismissed or set aside under 3
an equivalent provision of the laws of another jurisdiction; or 4
(5) is charged with a crime involving domestic violence, as defined in 5
AS 18.66.990. 6
* Sec. 15. AS 12.55.085(f) is amended to read: 7
(f) The court may not suspend the imposition of sentence of a person who 8
(1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 9
- 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 10
AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 11
AS 11.66.110 - 11.66.135; 12
(2) uses a firearm in the commission of the offense for which the 13
person is convicted; or 14
(3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 15
and the person has one or more prior convictions for a misdemeanor violation of 16
AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 17
having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 18
felony in this state; for the purposes of this paragraph, a person shall be considered to 19
have a prior conviction even if that conviction has been set aside under (e) of this 20
section or under the equivalent provision of the laws of another jurisdiction. 21
* Sec. 16. AS 12.55.100(e) is amended to read: 22
(e) In addition to other conditions imposed on the defendant, while on 23
probation and as a condition of probation 24
(1) for a sex offense, as described in AS 12.63.100, the defendant 25
(A) shall be required to submit to regular periodic polygraph 26
examinations; 27
(B) may be required to provide each electronic mail address, 28
instant messaging address, and other Internet communication identifier that the 29
defendant uses to the defendant's probation officer; the probation officer shall 30
forward those addresses and identifiers to the Alaska state troopers and to the 31
34-LS1470\N
SB0247B -11- CSSB 247(CRA)
New Text Underlined [DELETED TEXT BRACKETED]
local law enforcement agency; 1
(2) if the defendant was convicted of a violation of AS 11.41.434 - 2
11.41.455, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 3
11.61.128], or a similar offense in another jurisdiction, the defendant may be required 4
to refrain from 5
(A) using or creating an Internet site; 6
(B) communicating with children under 16 years of age; 7
(C) possessing or using a computer; or 8
(D) residing within 500 feet of school grounds; in this 9
subparagraph, "school grounds" has the meaning given in AS 11.71.900. 10
* Sec. 17. AS 12.55.125(i) is amended to read: 11
(i) A defendant convicted of 12
(1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 13
(3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 14
under AS 11.41.455(c)(2), or sex trafficking in the first degree under 15
AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 16
than 99 years and shall be sentenced to a definite term within the following 17
presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 18
(A) if the offense is a first felony conviction, the offense does 19
not involve circumstances described in (B) of this paragraph, and the victim 20
was 21
(i) less than 13 years of age, 25 to 35 years; 22
(ii) 13 years of age or older, 20 to 30 years; 23
(B) if the offense is a first felony conviction and the defendant 24
possessed a firearm, used a dangerous instrument, or caused serious physical 25
injury during the commission of the offense, 25 to 35 years; 26
(C) if the offense is a second felony conviction and does not 27
involve circumstances described in (D) of this paragraph, 30 to 40 years; 28
(D) if the offense is a second felony conviction and the 29
defendant has a prior conviction for a sexual felony, 35 to 45 years; 30
(E) if the offense is a third felony conviction and the defendant 31
34-LS1470\N
CSSB 247(CRA) -12- SB0247B
New Text Underlined [DELETED TEXT BRACKETED]
is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 1
to 60 years; 2
(F) if the offense is a third felony conviction, the defendant is 3
not subject to sentencing under (l) of this section, and the defendant has two 4
prior convictions for sexual felonies, 99 years; 5
(2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 6
unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 7
under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 8
in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 9
minor in the first degree, or sex trafficking in the first degree under 10
AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 11
than 99 years and shall be sentenced to a definite term within the following 12
presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 13
(A) if the offense is a first felony conviction, the offense does 14
not involve circumstances described in (B) of this paragraph, and the victim 15
was 16
(i) under 13 years of age, 20 to 30 years; 17
(ii) 13 years of age or older, 15 to 30 years; 18
(B) if the offense is a first felony conviction and the defendant 19
possessed a firearm, used a dangerous instrument, or caused serious physical 20
injury during the commission of the offense, 25 to 35 years; 21
(C) if the offense is a second felony conviction and does not 22
involve circumstances described in (D) of this paragraph, 25 to 35 years; 23
(D) if the offense is a second felony conviction and the 24
defendant has a prior conviction for a sexual felony, 30 to 40 years; 25
(E) if the offense is a third felony conviction, the offense does 26
not involve circumstances described in (F) of this paragraph, and the defendant 27
is not subject to sentencing under (l) of this section, 35 to 50 years; 28
(F) if the offense is a third felony conviction, the defendant is 29
not subject to sentencing under (l) of this section, and the defendant has two 30
prior convictions for sexual felonies, 99 years; 31
34-LS1470\N
SB0247B -13- CSSB 247(CRA)
New Text Underlined [DELETED TEXT BRACKETED]
(3) sexual assault in the second degree, sexual abuse of a minor in the 1
second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 2
first degree under AS 11.41.458(b)(2), distribution of generated obscene child 3
sexual abuse material under AS 11.61.121(d)(2), distribution of child sexual abuse 4
material under AS 11.61.125(e)(2), patron of a victim of sex trafficking under 5
AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault in the 6
first degree under AS 11.41.410(a)(1)(B) may be sentenced to a definite term of 7
imprisonment of not more than 99 years and shall be sentenced to a definite term 8
within the following presumptive ranges, subject to adjustment as provided in 9
AS 12.55.155 - 12.55.175: 10
(A) if the offense is a first felony conviction, five to 15 years; 11
(B) if the offense is a second felony conviction and does not 12
involve circumstances described in (C) of this paragraph, 10 to 25 years; 13
(C) if the offense is a second felony conviction and the 14
defendant has a prior conviction for a sexual felony, 15 to 30 years; 15
(D) if the offense is a third felony conviction and does not 16
involve circumstances described in (E) of this paragraph, 20 to 35 years; 17
(E) if the offense is a third felony conviction and the defendant 18
has two prior convictions for sexual felonies, 99 years; 19
(4) sexual assault in the third degree, sexual abuse of a minor in the 20
third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 21
AS 11.41.458(b)(1), distribution of generated obscene child sexual abuse material 22
under AS 11.61.121(d)(1), possession of generated obscene child sexual abuse 23
material, indecent viewing or production of a picture under AS 11.61.123(g)(1) or 24
(2), possession of child sexual abuse material, distribution of child sexual abuse 25
material under AS 11.61.125(e)(1), patron of a victim of sex trafficking under 26
AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault in the 27
second degree, sexual abuse of a minor in the second degree, distribution of 28
generated obscene child sexual abuse material, unlawful exploitation of a minor, 29
distribution of child sexual abuse material under AS 11.61.125(e)(2), or patron of a 30
victim of sex trafficking under AS 11.66.137, may be sentenced to a definite term of 31
34-LS1470\N
CSSB 247(CRA) -14- SB0247B
New Text Underlined [DELETED TEXT BRACKETED]
imprisonment of not more than 99 years and shall be sentenced to a definite term 1
within the following presumptive ranges, subject to adjustment as provided in 2
AS 12.55.155 - 12.55.175: 3
(A) if the offense is a first felony conviction and does not 4
involve the circumstances described in (B) or (C) of this paragraph, two to 12 5
years; 6
(B) if the offense is a first felony conviction under 7
AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)] and does not 8
involve circumstances described in (C) of this paragraph, four to 12 years; 9
(C) if the offense is a first felony conviction under 10
AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)], and the 11
defendant hosted, created, or helped host or create a mechanism for multi-party 12
sharing or distribution of generated obscene child sexual abuse material or 13
child sexual abuse material, or received a financial benefit or had a financial 14
interest in a generated obscene child sexual abuse material or child sexual 15
abuse material sharing or distribution mechanism, six to 14 years; 16
(D) if the offense is a second felony conviction and does not 17
involve circumstances described in (E) of this paragraph, eight to 15 years; 18
(E) if the offense is a second felony conviction and the 19
defendant has a prior conviction for a sexual felony, 12 to 20 years; 20
(F) if the offense is a third felony conviction and does not 21
involve circumstances described in (G) of this paragraph, 15 to 25 years; 22
(G) if the offense is a third felony conviction and the defendant 23
has two prior convictions for sexual felonies, 99 years. 24
* Sec. 18. AS 12.55.127(d) is amended to read: 25
(d) If the defendant is being sentenced for two or more crimes of distribution 26
of generated obscene child sexual abuse material under AS 11.61.121, possession 27
of generated obscene child sexual abuse material under AS 11.61.122, distribution 28
of child sexual abuse material under AS 11.61.125, possession of child sexual abuse 29
material under AS 11.61.127, or distribution of indecent material to minors under 30
AS 11.61.128, a consecutive term of imprisonment shall be imposed for some 31
34-LS1470\N
SB0247B -15- CSSB 247(CRA)
New Text Underlined [DELETED TEXT BRACKETED]
additional term of imprisonment for each additional crime or each additional attempt 1
or solicitation to commit the offense. 2
* Sec. 19. AS 12.55.185(16) is amended to read: 3
(16) "sexual felony" means sexual assault in the first degree, sexual 4
abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 5
the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 6
minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 7
patron of a victim of sex trafficking, distribution of generated obscene child sexual 8
abuse material, possession of generated obscene child sexual abuse material, 9
indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2), 10
distribution of child sexual abuse material, sexual assault in the third degree, incest, 11
indecent exposure in the first degree, possession of child sexual abuse material, 12
enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those 13
crimes; 14
* Sec. 20. AS 12.62.900(22) is amended to read: 15
(22) "serious offense" means a conviction for a violation or for an 16
attempt, solicitation, or conspiracy to commit a violation of any of the following laws, 17
or of the laws of another jurisdiction with substantially similar elements: 18
(A) a felony offense; 19
(B) a crime involving domestic violence; 20
(C) AS 11.41.410 - 11.41.470; 21
(D) AS 11.51.130, 11.51.200 - 11.51.220, or AS 11.56.100 - 22
11.56.210 [OR 11.51.200 - 11.56.210]; 23
(E) AS 11.61.110(a)(7), 11.61.121, or 11.61.125; 24
(F) AS 11.66.100 - 11.66.130; 25
(G) former AS 11.15.120, former 11.15.134, or assault with the 26
intent to commit rape under former AS 11.15.160; or 27
(H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 28
11.40.420, if committed before January 1, 1980. 29
* Sec. 21. AS 12.63.100(7) is amended to read: 30
(7) "sex offense" means 31
34-LS1470\N
CSSB 247(CRA) -16- SB0247B
New Text Underlined [DELETED TEXT BRACKETED]
(A) a crime under AS 11.41.100(a)(3), or a similar law of 1
another jurisdiction, in which the person committed or attempted to commit a 2
sexual offense, or a similar offense under the laws of the other jurisdiction; in 3
this subparagraph, "sexual offense" has the meaning given in 4
AS 11.41.100(a)(3); 5
(B) a crime under AS 11.41.110(a)(3), or a similar law of 6
another jurisdiction, in which the person committed or attempted to commit 7
one of the following crimes, or a similar law of another jurisdiction: 8
(i) sexual assault in the first degree; 9
(ii) sexual assault in the second degree; 10
(iii) sexual abuse of a minor in the first degree; or 11
(iv) sexual abuse of a minor in the second degree; 12
(C) a crime, or an attempt, solicitation, or conspiracy to commit 13
a crime, under the following statutes or a similar law of another jurisdiction: 14
(i) AS 11.41.410 - 11.41.438; 15
(ii) AS 11.41.440(a)(2); 16
(iii) AS 11.41.450 - 11.41.458; 17
(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent 18
exposure is before a person under 16 years of age and the offender has 19
previously been convicted under AS 11.41.460 or AS 26.05.900(c); 20
(v) AS 11.61.121 or 11.61.122; 21
(vi) AS 11.61.125 - 11.61.128; 22
(vii) [(vi)] AS 11.66.130(a)(2)(B) or AS 26.05.900(b) if 23
the person who was induced or caused to engage in prostitution was 24
under 20 years of age at the time of the offense; 25
(viii) [(vii)] former AS 11.15.120, former 11.15.134, or 26
assault with the intent to commit rape under former AS 11.15.160, 27
former AS 11.40.110, or former 11.40.200; 28
(ix) [(viii)] AS 11.61.118(a)(2) if the offender has a 29
previous conviction for that offense; 30
(x) [(ix)] AS 11.66.100(a)(2) if the offender is subject 31
34-LS1470\N
SB0247B -17- CSSB 247(CRA)
New Text Underlined [DELETED TEXT BRACKETED]
to punishment under former AS 11.66.100(e); 1
(xi) [(x)] AS 26.05.890 if the person engaged in sexual 2
penetration or sexual contact with the victim; 3
(xii) [(xi)] AS 26.05.890 if, at the time of the offense, 4
the victim is under a duty to obey the lawful orders of the offender, 5
regardless of whether the offender is in the direct chain of command 6
over the victim; 7
(xiii) [(xii)] AS 26.05.893 if the person engaged in 8
sexual penetration or sexual contact with the victim; 9
(xiv) [(xiii)] AS 26.05.900(a) if the victim is under 18 10
years of age at the time of the offense; 11
(xv) [(xiv)] AS 26.05.900 if, at the time of the offense, 12
the victim is under a duty to obey the lawful orders of the offender, 13
regardless of whether the offender is in the direct chain of command 14
over the victim; 15
(xvi) [(xv)] AS 11.61.123 if the offender is subject to 16
punishment under AS 11.61.123(g)(1) or (2); 17
(xvii) [(xvi)] AS 11.66.137; 18
(xviii) [(xvii)] AS 11.61.130(a)(2); or 19
(xix) [(xviii)] AS 11.66.110 and 11.66.120; 20
(D) an offense, or an attempt, solicitation, or conspiracy to 21
commit an offense, under AS 26.05.935(b), or a similar law of another 22
jurisdiction, if the member of the militia commits one of the following 23
enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform 24
Code of Military Justice): 25
(i) child sexual abuse material; or 26
(ii) pandering and prostitution if the person who is 27
induced, enticed, caused, or procured to engage in a sexual act is under 28
20 years of age at the time of the offense; or 29
(E) an offense in which the person is required to register as a 30
sex offender under the laws of another jurisdiction; 31
34-LS1470\N
CSSB 247(CRA) -18- SB0247B
New Text Underlined [DELETED TEXT BRACKETED]
* Sec. 22. AS 14.20.030(b) is amended to read: 1
(b) The commissioner or the Professional Teaching Practices Commission 2
shall revoke for life the certificate of a person who has been convicted of a crime, or 3
an attempt, solicitation, or conspiracy to commit a crime, involving a minor under 4
AS 11.41.410 - 11.41.460, AS 11.61.121, 11.61.122, 11.61.125 [AS 11.61.125], or 5
11.61.127, or a law or ordinance in another jurisdiction with elements similar to an 6
offense described in this subsection. 7
* Sec. 23. AS 28.15.046(c) is amended to read: 8
(c) The department may not issue a license under this section to an applicant 9
(1) who has been convicted of any of the following offenses: 10
(A) a violation, or an attempt, solicitation, or conspiracy to 11
commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 12
11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 13
(B) a felony violation of endangering the welfare of a child in 14
the first degree under AS 11.51.100; 15
(C) felony indecent viewing or production of a picture under 16
AS 11.61.123; 17
(D) distribution of child sexual abuse material under 18
AS 11.61.125; 19
(E) possession of child sexual abuse material under 20
AS 11.61.127; 21
(F) distribution of indecent material to minors under 22
AS 11.61.128; 23
(G) patron of a victim of sex trafficking under AS 11.66.137; 24
(H) sex trafficking in the first, second, or third degree under 25
AS 11.66.110 - 11.66.130; 26
(I) a felony involving distribution of a controlled substance 27
under AS 11.71 or imitation controlled substance under AS 11.73; 28
(J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 29
(K) distribution of generated obscene child sexual abuse 30
material under AS 11.61.121; 31
34-LS1470\N
SB0247B -19- CSSB 247(CRA)
New Text Underlined [DELETED TEXT BRACKETED]
(L) possession of generated obscene child sexual abuse 1
material under AS 11.61.122; or 2
(2) who has been convicted of any of the following offenses and less 3
than two years have elapsed since the applicant's date of conviction for the offense: 4
(A) assault in the fourth degree under AS 11.41.230; 5
(B) reckless endangerment under AS 11.41.250; 6
(C) contributing to the delinquency of a minor under 7
AS 11.51.130; 8
(D) misdemeanor prostitution under AS 11.66.100(a)(2); 9
(E) a misdemeanor violation of endangering the welfare of a 10
child in the first degree under AS 11.51.100. 11
* Sec. 24. AS 44.23.080(a) is amended to read: 12
(a) If there is reasonable cause to believe that an Internet service account has 13
been used in connection with a violation of AS 11.41.452, 11.41.455, or 14
AS 11.61.121, 11.61.122, or 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], and 15
that the identity, address, and other information about the account owner will assist in 16
obtaining evidence that is relevant to the offense, a law enforcement officer may apply 17
to the attorney general or the attorney general's designee for an administrative 18
subpoena to obtain the business records of the Internet service provider located inside 19
or outside of the state. 20
* Sec. 25. AS 47.12.110(d) is amended to read: 21
(d) Notwithstanding (a) of this section, a court hearing on a petition seeking 22
the adjudication of a minor as a delinquent shall be open to the public, except as 23
prohibited or limited by order of the court, if 24
(1) the department files with the court a motion asking the court to 25
open the hearing to the public, and the petition seeking adjudication of the minor as a 26
delinquent is based on 27
(A) the minor's alleged commission of an offense, and the 28
minor has knowingly failed to comply with all the terms and conditions 29
required of the minor by the department or imposed on the minor in a court 30
order entered under AS 47.12.040(a)(2) or 47.12.120; 31
34-LS1470\N
CSSB 247(CRA) -20- SB0247B
New Text Underlined [DELETED TEXT BRACKETED]
(B) the minor's alleged commission of 1
(i) a crime against a person that is punishable as a 2
felony; 3
(ii) a crime in which the minor employed a deadly 4
weapon, as that term is defined in AS 11.81.900(b), in committing the 5
crime; 6
(iii) arson under AS 11.46.400 - 11.46.410; 7
(iv) burglary under AS 11.46.300; 8
(v) distribution of child sexual abuse material under 9
AS 11.61.125; 10
(vi) sex trafficking in the first degree under 11
AS 11.66.110; 12
(vii) distribution of generated obscene child sexual 13
abuse material under AS 11.61.121; or 14
(viii) [OR (vii)] misconduct involving a controlled 15
substance under AS 11.71 involving the delivery of a controlled 16
substance or the possession of a controlled substance with intent to 17
deliver, other than an offense under AS 11.71.040 or 11.71.050; or 18
(C) the minor's alleged commission of a felony and the minor 19
was 16 years of age or older at the time of commission of the offense when the 20
minor has previously been convicted or adjudicated a delinquent minor based 21
on the minor's commission of an offense that is a felony; or 22
(2) the minor agrees to a public hearing on the petition seeking 23
adjudication of the minor as a delinquent. 24
* Sec. 26. AS 47.12.315(a) is amended to read: 25
(a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 26
section, the department shall disclose information to the public, on request, concerning 27
a minor subject to this chapter who was at least 13 years of age at the time of 28
commission of 29
(1) a felony offense against a person under AS 11.41; 30
(2) arson in the first or second degree; 31
34-LS1470\N
SB0247B -21- CSSB 247(CRA)
New Text Underlined [DELETED TEXT BRACKETED]
(3) burglary in the first degree; 1
(4) distribution of child sexual abuse material; 2
(5) sex trafficking in the first degree; 3
(6) misconduct involving a controlled substance in the first, second, or 4
third degrees involving distribution or possession with intent to deliver; [OR] 5
(7) misconduct involving weapons in the first through fourth degrees; 6
or 7
(8) distribution of generated obscene child sexual abuse material 8
under AS 11.61.121. 9
* Sec. 27. The uncodified law of the State of Alaska is amended by adding a new section to 10
read: 11
APPLICABILITY. (a) The following sections apply to offenses committed on or after 12
the effective date of those sections: 13
(1) AS 11.41.436(a), as amended by sec. 1 of this Act; 14
(2) AS 11.41.452(a), as amended by sec. 2 of this Act; 15
(3) AS 11.41.452(c), as amended by sec. 3 of this Act; 16
(4) AS 11.41.455(a), as amended by sec. 4 of this Act; 17
(5) AS 11.61.118(a), as amended by sec. 5 of this Act; 18
(6) AS 11.61.120(a), as amended by sec. 6 of this Act; 19
(7) AS 11.61.125(e), as amended by sec. 8 of this Act; 20
(8) AS 11.61.127(a), as amended by sec. 9 of this Act; 21
(9) AS 11.61.127(b), as amended by sec. 10 of this Act; 22
(10) AS 11.61.129(a), as amended by sec. 11 of this Act; and 23
(11) AS 11.66.100(c), as amended by sec. 12 of this Act. 24
(b) The following sections apply to sentences imposed on or after the effective date of 25
those sections for conduct occurring on or after the effective date of those sections: 26
(1) AS 12.55.078(f), as amended by sec. 14 of this Act; 27
(2) AS 12.55.085(f), as amended by sec. 15 of this Act; 28
(3) AS 12.55.125(i), as amended by sec. 17 of this Act; 29
(4) AS 12.55.185(16), as amended by sec. 19 of this Act; 30
(5) AS 12.62.900(22), as amended by sec. 20 of this Act; 31
34-LS1470\N
CSSB 247(CRA) -22- SB0247B
New Text Underlined [DELETED TEXT BRACKETED]
(6) AS 12.63.100(7), as amended by sec. 21 of this Act; and 1
(7) AS 14.20.030(b), as amended by sec. 22 of this Act. 2