SB 12 — An Act relating to crime and criminal procedure; relating to assault and sexual assault; relating to harassment; relating to credit toward a sentence of imprisonment for time spent in a treatment program or under electronic monitoring; and providing for an effective date.

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"An Act relating to crimeassault andin criminalthe procedure;first degree;

relating to assaultsex andoffenses; sexual assault;

and relating to harassment;credit toward a sentence of imprisonment for time spent in a treatment program or under electronic monitoring." SENATE BILL NO.

relating12 to01 credit"An towardAct arelating sentenceto ofassault imprisonment for time spent in athe treatmentfirst programdegree; or under electronic monitoring;

andrelating providingto forsex anoffenses; effective date." SPONSOR SUBSTITUTE FOR SENATE BILL NO.

12and 01relating "Anto Act02 relatingcredit totoward crimea andsentence criminalof procedure;imprisonment for time spent in a treatment program or 03 under electronic monitoring." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

relating05 to* assaultSection and1. sexual 02 assault;

relating to harassment;

relating to credit toward a sentence of imprisonment for 03 time spent in a treatment program or under electronic monitoring;

and providing for an 04 effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

06 * Section 1.

0706 (a) A person commits the crime of assault in the first degree if 0807 (1) that person recklessly causes serious physical injury to another by 0908 means of a dangerous instrument;

1009 (2) with intent to cause serious physical injury to another, the person 1110 causes serious physical injury to any person;

1211 (3) the person knowingly engages in conduct that results in serious 1312 physical injury to another under circumstances manifesting extreme indifference to the 1413 value of human life;

[OR] 14 (4) that person recklessly causes serious physical injury to another by 02 repeated assaults using a dangerous instrument, even if each assault individually does 0302 not cause serious physical injury;

or 0403 (5) that person knowingly causes another to become unconscious 0504 by means of a dangerous instrument;

in this paragraph, "dangerous instrument" 0605 has the meaning given in AS 11.81.900(b)(15)(B).

0706 * Sec.

0807 (a) An offender commits the crime of sexual assault in the third degree if the 0908 offender 1009 (1) engages in sexual contact with a person who the offender knows is 1110 (A) mentally incapable;

1211 (B) incapacitated;

or 1312 (C) unaware that a sexual act is being committed;

1413 (2) while employed in a state correctional facility or other placement 1514 designated by the commissioner of corrections for the custody and care of prisoners, 1615 engages in sexual penetration with a person who the offender knows is committed to 1716 the custody of the Department of Corrections to serve a term of imprisonment or 1817 period of temporary commitment;

1918 (3) engages in sexual penetration with a person 18 or 19 years of age 2019 who the offender knows is committed to the custody of the Department of Health and 2120 Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of 2221 the person;

2322 (4) while employed in the state by a law enforcement agency as a 2423 peace officer, or while acting as a peace officer in the state, engages in sexual 2524 penetration with a person with reckless disregard that the person is in the custody or 2625 the apparent custody of the offender, or is committed to the custody of a law 2726 enforcement agency;

2827 (5) while employed by the state or a municipality of the state as a 2928 probation officer or parole officer, or while acting as a probation officer or parole 3029 officer in the state, engages in sexual penetration with a person with reckless disregard 3130 that the person is on probation or parole;

[OR] 31 (6) while employed as a juvenile probation officer or as a juvenile 02 facility staff, engages in sexual penetration with a person 18 or 19 years of age with 0302 reckless disregard that the person is committed to the custody or probationary 0403 supervision of the Department of Health and Social Services;

or 0504 (7) engages in masturbation in the presence of another person and 05 ejaculates on athat person without the 06 consent of that person.

0706 * Sec.

AS 11.61.118(a)11.41.438(a) is amended to read:

0807 (a) AAn personoffender commits the crime of harassmentsexual abuse of a minor in the firstthird 08 degree if 09 (1) underbeing circumstances17 notyears proscribedof underage ASor 11.41.425(a)(7),older, 10 the personoffender violatesengages ASin 11.61.120(a)(5)sexual and10 thecontact offensivewith physicala contactperson who is contact13, 1114, withor human15 oryears animalof blood,age mucus,and saliva,at semen,least urine,four vomitus,years oryounger feces;11 than the offender;

or 12 (2) underthe circumstancesoffender notmasturbates proscribedin underthe ASpresence 11.41.434of -a person 13 11.41.440,(A) theunder person18 violatesyears ASof 11.61.120(a)(5)age and theejaculates offensiveon physicalthat contactperson, 14 isand contactthe by15 the(i) personoffender touchingis throughthe clothingvictim's anothernatural person'sparent, genitals,16 buttocks,stepparent, 15adoptive parent, or femalelegal breast.guardian;

1617 *(ii) Sec.victim at the time of the offense is residing in the 18 same household as the offender and the offender has authority over 19 the victim;

or 20 (iii) offender occupies a position of authority in 21 relation to the victim;

or 22 (B) under 16 years of age and ejaculates on that person, 23 and the victim is at least three years younger than the offender.

24 * Sec.

AS 11.81.900(b)(60) is amended to read:

17 (60) "sexual contact" means 18 (A) the defendant's 19 (i) knowingly touching, directly or through clothing, the 20 victim's genitals, anus, or female breast;

[OR] 21 (ii) knowingly causing the victim to touch, directly or 22 through clothing, the defendant's or victim's genitals, anus, or female 23 breast;

or 24 (iii) knowingly causing the victim to come into 25 contact with ejaculate;