ALASKA
Updated 10/26/99

Alaska State Laws

Alaska Statutes.
Title 11. Criminal Law
Chapter 41. Offenses Against the Person
Article 4. Sexual Offenses
Section 410. Sexual Assault in the First Degree.
Section 420. Sexual Assault in the Second Degree.
Section 425. Sexual Assault in the Third Degree.
Section 432. Defenses.
Section 434. Sexual Abuse of a Minor in the First Degree.
Section 436. Sexual Abuse of a Minor in the Second Degree.
Section 438. Sexual Abuse of a Minor in the Third Degree.
Section 440. Sexual Abuse of a Minor in the Fourth Degree.
Section 445. General Provisions.
Section 450. Incest.
Section 455. Unlawful Exploitation of a Minor.
Section 460. Indecent Exposure.
Section 470. Definitions.

Alaska Statutes.
Title 12. Code of Criminal Procedure
Chapter 63. Registration of Sex Offenders
Section 10. Registration of Sex Offenders and Related Requirements.
Section 20. Duration of Sex Offender Duty to Register.
Section 100. Definitions.

Sec. 11.41.410. SEXUAL ASSAULT IN THE FIRST DEGREE.

(a) An offender commits the crime of sexual assault in the first degree if

(1) the offender engages in sexual penetration with another person without consent of that person;

(2) the offender attempts to engage in sexual penetration with another person without consent of that person and causes serious physical injury to that person;

(3) the offender engages in sexual penetration with another person

(A) who the offender knows is mentally incapable; and

(B) who is entrusted to the offender's care

(i) by authority of law; or

(ii) in a facility or program that is required by law to be licensed by the Department of Health and Social Services; or

(4) the offender engages in sexual penetration with a person who the offender knows is unaware that a sexual act is being committed and

(A) the offender is a health care worker; and

(B) the offense takes place during the course of professional treatment of the victim.

(b) Sexual assault in the first degree is an unclassified felony and is punishable as provided in AS 12. 55.

Sec. 11.41.420. SEXUAL ASSAULT IN THE SECOND DEGREE.

(a) An offender commits the crime of sexual assault in the second degree if

(1) the offender engages in sexual contact with another person without consent of that person;

(2) the offender engages in sexual contact with a person

(A) who the offender knows is mentally incapable; and

(B) who is entrusted to the offender's care

(i) by authority of law; or

(ii) in a facility or program that is required by law to be licensed by the Department of Health and Social Services;

(3) the offender engages in sexual penetration with a person who the offender knows is

(A) mentally incapable;

(B) incapacitated; or

(4) the offender engages in sexual contact with a person who the offender knows is unaware that a sexual act is being committed and

(A) the offender is a health care worker; and

(B) the offense takes place during the course of professional treatment of the victim.

(b) Sexual assault in the second degree is a class B felony .

Sec. 11.41.425. SEXUAL ASSAULT IN THE THIRD DEGREE.

(a) An offender commits the crime of sexual assault in the third degree if the offender engages in sexual contact with a person who the offender knows is

(1) mentally incapable;

(2) incapacitated; or

(3) unaware that a sexual act is being committed.

(b) Sexual assault in the third degree is a class C felony .

Sec. 11.41.432. DEFENSES.

(a) It is a defense to a crime charged under AS 11. 41. 410 (a)(3), AS 11. 41. 420 (a)(2), AS 11. 41. 425(a)(3), or AS 11. 41. 425 that the offender is

(1) mentally incapable; or

(2) married to the person and neither party has filed with the court for a separation, divorce, or dissolution of the marriage.

(b) Except as provided in (a) of this section, in a prosecution under AS 11. 41. 410 or AS 11. 41. 420, it is not a defense that the victim was, at the time of the alleged offense, the legal spouse of the defendant.

Sec. 11.41.434. SEXUAL ABUSE OF A MINOR IN THE FIRST DEGREE.

(a) An offender commits the crime of sexual abuse of a minor in the first degree if

(1) being 16 years of age or older, the offender engages in sexual penetration with a person who is under 13 years of age or aids, induces, causes, or encourages a person who is under 13 years of age to engage in sexual penetration with another person;

(2) being 18 years of age or older, the offender engages in sexual penetration with a person who is under 18 years of age, and the offender is the victim's natural parent, stepparent, adopted parent, or legal guardian; or

(3) being 18 years of age or older, the offender engages in sexual penetration with a person who is under 16 years of age, and

(A) the victim at the time of the offense is residing in the same household as the offender and the offender has authority over the victim; or

(B) the offender occupies a position of authority in relation to the victim.

(b) Sexual abuse of a minor in the first degree is an unclassified felony and is punishable as provided in AS 12. 55.

Sec. 11.41.436. SEXUAL ABUSE OF A MINOR IN THE SECOND DEGREE.

(a) An offender commits the crime of sexual abuse of a minor in the second degree if

(1) being 16 years of age or older, the offender engages in sexual penetration with a person who is 13, 14, or 15 years of age and at least three years younger than the offender, or aids, induces, causes or encourages a person who is 13, 14, or 15 years of age and at least three years younger than the offender to engage in sexual penetration with another person;

(2) being 16 years of age or older, the offender engages in sexual contact with a person who is under 13 years of age or aids, induces, causes, or encourages a person under 13 years of age to engage in sexual contact with another person;

(3) being 18 years of age or older, the offender engages in sexual contact with a person who is under 18 years of age, and the offender is the victim's natural parent, stepparent, adopted parent, or legal guardian;

(4) being 16 years of age or older, the offender aids, induces, causes, or encourages a person who is under 16 years of age to engage in conduct described in AS 11. 41. 455 (a)(2) - (6); or

(5) being 18 years of age or older, the offender engages in sexual contact with a person who is under 16 years of age, and

(A) the victim at the time of the offense is residing in the same household as the offender and the offender has authority over the victim; or

(B) the offender occupies a position of authority in relation to the victim.

(b) Sexual abuse of a minor in the second degree is a class B felony .

Sec. 11.41.438. SEXUAL ABUSE OF A MINOR IN THE THIRD DEGREE.

(a) An offender commits the crime of sexual abuse of a minor in the third degree if

(1) being 16 years of age or older, the offender engages in sexual contact with a person who is 13, 14, or 15 years of age and at least three years younger than the offender; or

(2) being 18 years of age or older, the offender engages in sexual penetration with a person who is 16 or 17 years of age and at least three years younger than the offender, and the offender occupies a position of authority in relation to the victim.

(b) Sexual abuse of a minor in the third degree is a class C felony .

Sec. 11.41.440. SEXUAL ABUSE OF A MINOR IN THE FOURTH DEGREE.

(a) An offender commits the crime of sexual abuse of a minor in the fourth degree if

(1) being under 16 years of age, the offender engages in sexual penetration or sexual contact with a person who is under 13 years of age and at least three years younger than the offender; or

(2) being 18 years of age or older, the offender engages in sexual contact with a person who is 16 or 17 years of age and at least three years younger than the offender, and the offender occupies a position of authority in relation to the victim.

(b) Sexual abuse of a minor in the fourth degree is a class A misdemeanor .

Sec. 11.41.445. GENERAL PROVISIONS.

(a) In a prosecution under AS 11. 41. 434 - 11.41.440 it is an affirmative defense that, at the time of the alleged offense, the victim was the legal spouse of the defendant unless the offense was committed without the consent of the victim.

(b) In a prosecution under AS 11. 41. 410 - 11.41.440, whenever a provision of law defining an offense depends upon a victim's being under a certain age, it is an affirmative defense that, at the time of the alleged offense, the defendant reasonably believed the victim to be that age or older, unless the victim was under 13 years of age at the time of the alleged offense.

Sec. 11.41.450. INCEST.

(a) A person commits the crime of incest if, being 18 years of age or older, that person engages in sexual penetration with another who is related, either legitimately or illegitimately, as

(1) an ancestor or descendant of the whole or half blood;

(2) a brother or sister of the whole or half blood; or

(3) an uncle, aunt, nephew, or niece by blood.

(b) Incest is a class C felony .

Sec. 11.41.455. UNLAWFUL EXPLOITATION OF A MINOR.

(a) A person commits the crime of unlawful exploitation of a minor if, in the state and with the intent of producing a live performance, film, audio recording, photograph, negative, slide, book, newspaper, magazine, or other printed material that visually depicts the conduct listed in (1) - (7) of this subsection, the person knowingly induces or employs a child under 18 years of age to engage in, or photographs, films, records, or televises a child under 18 years of age engaged in, the following actual or simulated conduct:

(1) sexual penetration;

(2) the lewd touching of another person's genitals, anus, or breast;

(3) the lewd touching by another person of the child's genitals, anus, or breast;

(4) masturbation;

(5) bestiality;

(6) the lewd exhibition of the child's genitals; or

(7) sexual masochism or sadism.

(b) A parent, legal guardian, or person having custody or control of a child under 18 years of age commits the crime of unlawful exploitation of a minor if, in the state, the person permits the child to engage in conduct described in (a) of this section knowing that the conduct is intended to be used in producing a live performance, film, audio recording, photograph, negative, slide, book, newspaper, magazine, or other printed material that visually depicts the conduct.

(d) In this section, "audio recording" means a nonbook prerecorded item without a visual component, and includes a record, tape, cassette, and compact disc.

Sec. 11.41.460. INDECENT EXPOSURE.

(a) An offender commits the crime of indecent exposure if the offender intentionally exposes the offender's genitals to another person with reckless disregard for the offensive, insulting, or frightening effect the act may have on that person.

(b) Indecent exposure before a person under 16 years of age is a class A misdemeanor . Indecent exposure before a person 16 years of age or older is a class B misdemeanor .

Sec. 11.41.470. DEFINITIONS. For purposes of AS 11. 41. 410 - 11.41.470, unless the context requires otherwise,

(1) "health care worker" includes a person who is or purports to be an anesthesiologist, acupuncturist, chiropractor, dentist, health aide, hypnotist, massage therapist, mental health counselor, midwife, nurse, nurse practitioner, osteopath, naturopath, physical therapist, physical therapy assistant, physician, physician's assistant, psychiatrist, psychologist, psychological associate, radiologist, religious healing practitioner, surgeon, x-ray technician, or a substantially similar position;

(2) "incapacitated" means temporarily incapable of appraising the nature of one's own conduct and physically unable to express unwillingness to act;

(3) "legal guardian" means a person who is under a duty to exercise general supervision over a minor as a result of a court order, statute, or regulation, and includes foster parents and staff members and other employees of group homes or youth correctional facilities where a child is placed as a result of a court order or the action of the division of family and youth services, and police officers and probation officers when those officers are exercising custodial control over a minor;

(4) "mentally incapable" means suffering from a mental disease or defect that renders the person incapable of understanding the nature or consequences of the person's conduct, including the potential for harm to that person;

(5) "position of authority" means an employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, babysitter, or a substantially similar position, and a police officer or probation officer other than when the officer is exercising custodial control over a minor;

(6) "sexual act" means sexual penetration or sexual contact;

(7) "victim" means the person alleged to have been subjected to sexual assault in any degree or sexual abuse of a minor in any degree;

(8) "without consent" means that a person

(A) with or without resisting, is coerced by the use of force against a person or property, or by the express or implied threat of death, imminent physical injury, or kidnapping to be inflicted on anyone; or

(B) is incapacitated as a result of an act of the defendant.

Sec. 12.63.010. REGISTRATION OF SEX OFFENDERS AND RELATED REQUIREMENTS.

(a) A sex offender who is physically present in the state shall register as provided in this section. The sex offender shall register within

(1) seven days of release from an in-state correctional facility;

(2) seven days of conviction for a sex offense if the sex offender is not sentenced to a term of incarceration; or

(3) 14 days of becoming physically present in the state, except the sex offender shall register within seven days of becoming physically present in the state if the sex offender

(A) is a probationer or parolee being supervised by the state as the receiving state under AS 33. 36. 110 - 33.36.120; or

(B) has been released from an out-of-state correctional facility where the sex offender was serving a term of incarceration for a sex offense conviction in this state.

(b) A sex offender required to register under (a) of this section shall register in person at the Alaska state trooper post or municipal police department located nearest to where the sex offender resides at the time of registration. To fulfill the registration requirement, the sex offender shall

(1) complete a registration form that includes, at a minimum, the sex offender's name, address, place of employment, date of birth, each conviction for a sex offense for which the duty to register has not terminated under AS 12. 63. 020 , date of sex offense convictions, place and court of sex offense convictions, all aliases used, and driver's license number;

(2) allow the Alaska state troopers or municipal police to take a complete set of the sex offender's fingerprints and to take the sex offender's photograph.

(c) If a sex offender changes residence within the state after having registered under (a) of this section, the sex offender shall provide written notice of the change to the Alaska state trooper post or municipal police department located nearest to the new residence within 10 days of the change.

(d) A sex offender required to register under (a) of this section shall annually, during the term of a duty to register under AS 12. 63. 020 , on a date set by the department at the time of the sex offender's initial registration, provide written notice to the department of any changes to the information initially provided under (b)(1) of this section, or if there are no changes, a statement to that effect.

(e) In this section, "correctional facility" has the meaning given in AS 33. 30. 901 .

Sec. 12.63.020. DURATION OF SEX OFFENDER DUTY TO REGISTER.

(a) The duty of a sex offender to comply with the requirements of AS 12. 63. 010 for each sex offense

(1) continues for the lifetime of a sex offender convicted of two or more sex offenses;

(2) ends 15 years following the sex offender's unconditional discharge from a conviction for a single sex offense.

(b) The department shall adopt, by regulation, procedures to notify a sex offender who, on the registration form under AS 12. 63. 010 , lists a conviction for a sex offense that is a violation of a former law of this state or a law of another jurisdiction, of the duration of the offender's duty under (a) of this section for that sex offense.

Sec. 12.63.100. DEFINITIONS. In this chapter,

(1) "department" means the Department of Public Safety;

(2) "sex offender" means a person convicted of a sex offense in this state or another jurisdiction regardless of whether the conviction occurred before, after, or on August 10, 1994;

(3) "sex offense" means a crime, or an attempt to commit a crime, under AS 11. 41. 410 - 11.41.438, 11.41.450, 11.41.455, AS 11. 61. 125 , AS 11. 66. 110 , former AS 11. 15. 120 or 11.15.134, or former AS 11.40.110 or 11.40.200, or a similar law in another jurisdiction;

(4) "unconditional discharge" has the meaning given in AS 12.55.185.

This is the closest to any legal position of age of consent for Alaska.
Based on this reading, we believe the age to be valid at 16.

Alaska Statutes.

AS 11.41.440. Sexual Abuse of a Minor in the Fourth Degree.

(a) An offender commits the crime of sexual abuse of a minor in the fourth degree if
(b) Sexual abuse of a minor in the fourth degree is a class A misdemeanor.

Note to HTML Version:

Last modified 12/1/97

Update 10/99News from the Senate Majority
Alaska State Legislature

Wendy Lindskoog, Senate Majority Press Secretary
State Capitol
Juneau, AK 99801-1182
Phone: 907/465-4582
http://www.akrepublicans.org
Broadcast Actualities: 800/478-6540

Senate Upholds Commitment to Help Keep Alaska’s Children Safe

Bill Strengthens Child Sex Offense Laws

For Immediate Release: March 30, 1998 Contact: Kristy Tibbles, Assistant to Senator Drue Pearce, at (907) 465-4993.

Juneau –The Senate unanimously passed legislation Monday to better protect Alaska’s children against people who possess and distribute child pornography and indecently expose themselves. Senate Bill 323 will increase the penalties of these offenses and require sex offender registration.

"Our State needs stronger deterrents to crimes involving the possession of child pornography and lewd behavior in the presence of children," said Senator Drue Pearce (R-Anchorage), sponsor of SB 323. "We must do all we can to protect Alaska’s children. This is one of many bills the Legislature is working on this year to move closer to that goal."

Currently, distribution of child pornography is a class C felony and possession of child pornography is a class A misdemeanor. Offenders convicted of class A misdemeanors do not receive sentences of more than one year.

"One year is simply not enough of a deterrent," said Pearce. "By making each of these crimes a class C felony, child sex offenders will serve up to 5 years – hopefully enough to make them think twice before committing these offenses against Alaska’s youngest victims."

Anchorage Police Officer Glen Klinkhart has investigated many cases involving the creation, possession and distribution of child pornography. "As the computer and the internet have opened up our ability to learn and communicate, it has also made it much easier for child molesters to gain access to child pornography. We in law enforcement are finding literally thousands and thousands of photographs in the hands of these child pornographers and child molesters," said Klinkhart.

"This legislation tells those people who peddle in this kind of child abuse that we cannot, and will not tolerate it. Mandatory sexual offender registration for those convicted of possession and distribution of child pornography will insure that our citizens will be able to maintain a vigilant watch over those who prey upon the young for their own sexual gratifications," Klinkhart said.

SB 323 will also create the offense of indecent exposure in the first degree if the offender knowingly masturbates within the observation of a person under 16 years of age, making it a class C felony offense. SB 323 will require offenders for possession of child pornography and indecent exposure in the first degree to register as sex offenders. It will also require sex offender registration for the offenders of indecent exposure in the second degree before a person under the age of 16 for the second offense. Currently, only someone convicted for distribution of child pornography is required to register.

###

Source: http://www.alaska.net/~rosenbau/Laws.html

07-2000 New Source: U.S. statutory rape laws is published on the Web by the National
Clearinghouse on Child Abuse and Neglect Information. The booklet, which
requires Adobe Acrobat to read, is located at:

http://www.calib.com/nccanch/pubs/99statutes/35-SexualOffenses.PDF

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