HB 239 — An Act relating to crime and criminal procedure; relating to civil claims by victims of sexual abuse of a minor; relating to homicide; relating to assault; relating to sexual assault; relating to stalking; relating to sexual abuse of a minor; relating to enticement and unlawful exploitation of a minor; relating to cruelty to animals; relating to endangering the welfare of a child; relating to indecent exposure; relating to theft; relating to generated obscene child sexual abuse material; 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 prostitution; relating to the Controlled Substances Advisory Committee; relating to the testimony of children in criminal proceedings; relating to sentencing; relating to sexual assault examination kits; restricting the release of certain records of convictions; relating to teaching certificates; relating to the definition of 'victim counseling center' for disclosure of certain communications concerning sexual assault or domestic violence; relating to motor vehicle offenses; relating to the board of parole; relating to parole; relating to medical release for service of sentence by electronic monitoring; relating to licensing of school bus drivers; creating and relating to the address confidentiality program; and providing for an effective date.

relating to enticement and unlawful exploitation of a minor;

relating to cruelty to animals;

relating to endangering the welfare of a child;

relating to indecent exposure;

relating to theft;

relating to generated obscene child sexual abuse material;

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 prostitution;

relating to the Controlled Substances Advisory Committee;

relating to the testimony of children in criminal proceedings;

relating to sentencing;

relating to sexual assault examination kits;

restricting the release of certain records of convictions;

relating to teaching certificates;

relating to the definition of "victim counseling center" for disclosure of certain communications concerning sexual assault or domestic violence;

relating -1- Enrolled HB 239 to motor vehicle offenses;

relating to the board of parole;

relating to parole;

relating to medical release for service of sentence by electronic monitoring;

relating to licensing of school bus drivers;

creating and relating to the address confidentiality program;

and providing for an effective date.

_______________ * Section 1.

AS 09.55.650(a) is amended to read:

(a) A person who, as a minor under 18 [16] years of age, was the victim of sexual abuse may maintain an action for recovery of damages against the perpetrator of the act or acts of sexual abuse based on the perpetrator's intentional conduct for an injury or condition suffered as a result of the sexual abuse.

AS 11.41.170(b)11.41.100(a) is amended to read:

(b)(a) CriminallyA negligentperson homicidecommits the crime of anmurder unbornin childthe isfirst degree if (1) awith classintent Bto felony;cause the death of another person, the person (A) causes the death of any person;

or (2)(B) classcompels Aor felonyinduces ifany the person caused the death of another person while operating a motor vehicle and knowingly failed to stopcommit andsuicide renderthrough HB0239aduress -1-or HBdeception; 239 New Text Underlined [DELETED TEXT BRACKETED] 34-LS1102\N reasonable assistance as required under AS 28.35.050 and 28.35.060.

(2) the person knowingly engages in conduct directed toward a child under the age of 18 [16] and the person with criminal negligence inflicts serious physical injury on the child by at least two separate acts, and one of the acts results in the death of the child;

(3) acting alone or with one or more persons, the person commits or attempts to commit a sexual offense against or kidnapping of a child under 18 [16] years of age and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of the child;

in this paragraph, "sexual offense" means an offense defined in AS 11.41.410 - 11.41.470;

(4) acting alone or with one or more persons, the person commits or attempts to commit criminal mischief in the first degree under AS 11.46.475 and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of a person other than one of the participants;

or Enrolled HB 239 -2- (5) acting alone or with one or more persons, the person commits terroristic threatening in the first degree under AS 11.56.807 and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of a person other than one of the participants.

AS 12.55.125(c)11.41.110(a) is amended to read:

(c)(a) ExceptA asperson providedcommits inthe (i)crime of thismurder section,in athe defendantsecond convicteddegree ofif a(1) classwith Aintent felony may be sentenced to acause definiteserious termphysical ofinjury imprisonmentto ofanother notperson moreor thanknowing 20that years,the andconduct shallis besubstantially sentencedcertain to acause definitedeath termor withinserious thephysical followinginjury presumptiveto ranges,another subjectperson, tothe adjustmentperson ascauses providedthe indeath ASof 12.55.155any -person; 12.55.175:

(1)(2) if the offenseperson isknowingly aengages firstin felonyconduct convictionthat andresults doesin notthe involvedeath circumstancesof describedanother inperson (2)under ofcircumstances thismanifesting subsection,an fourextreme indifference to seventhe years;value of human life;

(2)(3) ifunder thecircumstances offensenot isamounting ato firstmurder felonyin convictionthe (A)first anddegree theunder defendantAS possessed11.41.100(a)(3), awhile firearm,acting usedeither aalone dangerousor instrument,with one or causedmore seriouspersons, physicalthe injuryperson commits or deathattempts duringto commit arson in the commissionfirst ofdegree, kidnapping, sexual assault in the offense,first ordegree, knowinglysexual directedassault in the conductsecond constitutingdegree, sexual abuse of a minor in the offensefirst atdegree, sexual abuse of a uniformedminor in the second degree, burglary in the first degree, escape in the first or otherwisesecond clearlydegree, identifiedrobbery peacein officer,any firefighter,degree, correctionalor employee,misconduct emergencyinvolving medicala technician,controlled paramedic,substance ambulanceunder attendant,AS 11.71.010(a), 11.71.021(a), 11.71.030(a)(2) or other(9), emergencyor responder11.71.040(a)(1) whoor was(2) engagedand, in the performancecourse of officialor dutiesin atfurtherance of that crime or in immediate flight from that crime, any person causes the timedeath of thea offense,person sevenother tothan 11one years;of the participants;

(B)(4) andacting thewith convictiona iscriminal forstreet manufacturinggang, relatedthe toperson methamphetaminecommits under AS 11.71.021(a)(2)(A) or (B),attempts seven to 11commit yearsa ifcrime (i)that theis manufacturing occurred in a buildingfelony withand, recklessin disregard that the buildingcourse wasof usedor asin afurtherance permanentof orthat temporarycrime home or placein ofimmediate lodgingflight forfrom onethat orcrime, moreany childrenperson undercauses 18the yearsdeath of agea orperson theother buildingthan wasone aof placethe frequentedparticipants; by children;

or(5) (ii)the inperson with criminal negligence causes the coursedeath of manufacturinga orchild inunder preparationthe forage manufacturing,of the18 defendant[16], obtainedand the assistanceperson has been previously convicted of onea orcrime moreinvolving childrena child under 18the yearsage of age18 or[16] onethat orwas more(A) childrena werefelony present;violation of AS 11.41;

(C)(B) andin theviolation convictionof isa forlaw manufacturing or deliveryordinance underin ASanother 11.71.021(a)(1)jurisdiction related-3- toEnrolled aHB schedule239 IAwith controlledelements substancesimilar set out in AS 11.71.140(c)(29) or under AS 11.71.021(a)(6) related to a schedulefelony IIAunder controlled substance set out in AS 11.71.150(e)(2),11.41; four to 11 years;

(D) and the conviction is for criminally negligent homicide under AS 11.41.130(b)(2) or criminally(C) negligent homicide of an unbornattempt, HBa 239solicitation, -2-or HB0239aa Newconspiracy Textto Underlinedcommit [DELETEDa TEXTcrime BRACKETED]listed 34-LS1102\Nin child(A) underor AS(B) 11.41.170(b)(2),of seventhis toparagraph; 11 years;

(3)or if(6) the offenseperson isknowingly manufactures or delivers a secondcontrolled felonysubstance conviction,in 10violation toof 14AS years;11.71.010 or 11.71.021, and another person dies as a direct result of ingestion of the controlled substance;

(4) if the offensedeath is a thirdresult felonythat convictiondoes and the defendant is not subjectrequire toa sentencingculpable undermental (l)state. of this section, 15 to 20 years.

AS 11.41.220(a) is amended to read:

(a) A person commits the crime of assault in the third degree if that person (1) recklessly (A) places another person in fear of imminent serious physical injury by means of a dangerous instrument;

(B) causes physical injury to another person by means of a dangerous instrument;

or (C) while being 18 years of age or older, (i) causes physical injury to a child under 12 years of age and the injury would cause a reasonable caregiver to seek medical attention from a health care professional in the form of diagnosis or treatment;

(ii) causes physical injury to a child under 12 years of age on more than one occasion;

(2) with intent to place another person in fear of death or serious physical injury to the person or the person's family member, makes repeated threats to cause death or serious physical injury to another person;

(3) while being 18 years of age or older, knowingly causes physical injury to a child who is under 18 [16] years of age but at least 12 years of age and at least two years younger than the offender and the injury reasonably requires medical treatment;

(4) with criminal negligence, causes serious physical injury under AS 11.81.900(b)(60)(B) to another person by means of a dangerous instrument;

or (5) commits a crime that is a violation of AS 11.41.230(a)(1) or (2) Enrolled HB 239 -4- and, within the preceding 10 years, the person was convicted on two or more separate occasions of crimes under (A) AS 11.41.100 - 11.41.170;

(B) AS 11.41.200 - 11.41.220, 11.41.230(a)(1) or (2), 11.41.280, or 11.41.282;

(C) AS 11.41.260 or 11.41.270;

(D) AS 11.41.410, 11.41.420, or 11.41.425(a)(1);

or (E) a law or ordinance of this or another jurisdiction with elements similar to those of an offense described in (A) - (D) of this paragraph.

* Sec.

5.

AS 11.41.220(b) is amended to read:

(b) In a prosecution under (a)(3) of this section, it is an affirmative defense that, at the time of the alleged offense, the defendant reasonably believed the victim to be 18 [16] years of age or older, unless the victim was under 13 years of age at the time of the alleged offense.

* Sec.

6.

AS 11.41.260(a) is amended to read:

(a) A person commits the crime of stalking in the first degree if the person violates AS 11.41.270 and (1) the actions constituting the offense are in violation of an order issued or filed under AS 18.65.850 - 18.65.870 or AS 18.66.100 - 18.66.180 or issued under former AS 25.35.010(b) or 25.35.020;

(2) the actions constituting the offense are in violation of a condition of probation, release before trial, release after conviction, or parole;

(3) the victim is under 18 [16] years of age;

(4) at any time during the course of conduct constituting the offense, the defendant possessed a deadly weapon;

(5) the defendant has been previously convicted of a crime under this section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another jurisdiction with elements similar to a crime under this section, AS 11.41.270, or AS 11.56.740;

or (6) the defendant has been previously convicted of a crime, or an attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, -5- Enrolled HB 239 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, 11.61.120, or (B) a law or an ordinance of this or another jurisdiction with elements similar to a crime, or an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 11.41.300 - 11.41.460, AS 11.56.807, 11.56.810, AS 11.61.118, or 11.61.120, involving the same victim as the present offense.

* Sec.

7.

AS 11.41.410(a) is amended to read:

(a) An offender commits the crime of sexual assault in the first degree if (1) the offender engages in sexual penetration with another person (A) without consent of that person by (i) the use of force or the express or implied threat of force against any person or property;

or (ii) causing the person to become incapacitated;

(B) by impersonating someone known to the person for the purpose of obtaining consent;

(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 in 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 state;

or (4) the offender is a health care worker who engages in sexual penetration with a person during the course of professional treatment of the 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].

Enrolled HB 239 -6- * Sec.

8.

AS 11.41.420(a) is amended to read:

(a) An offender commits the crime of sexual assault in the second degree if (1) the offender engages in sexual contact with another person (A) without consent of that person by (i) the use of force or the express or implied threat of force against any person or property;

or (ii) causing the person to become incapacitated;

(B) by impersonating someone known to the person for the purpose of obtaining consent;

(2) the offender engages in sexual contact with a person (A) who the offender knows is mentally incapable;

and (B) who is in 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 state;

(3) the offender engages in sexual penetration with a person who is (A) mentally incapable;

(B) incapacitated;

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

(4) the offender is a health care worker who engages in sexual contact with a person during the course of professional treatment of the 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];

or (5) under circumstances not proscribed under AS 11.41.410, the offender engages in sexual penetration with another person without consent of that person.

* Sec.

9.

AS 11.41.434(a) is amended to read:

-7- Enrolled HB 239 (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 18 [16] years of age and at least two years younger than the offender, 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.

* Sec.

10.

AS 11.41.436(a) is amended to read:

(a) An offender commits the crime of sexual abuse of a minor in the second degree if, (1) being 17 years of age or older, the offender (A) engages in sexual penetration with a person who is (i) 13, 14, or 15 years of age and at least four years younger than the offender;

or (ii) 16 or 17 years of age and at least six years younger than the offender;

[,] or (B) aids, induces, causes, or encourages a person who is 13, 14, or 15 years of age and at least four 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 Enrolled HB 239 -8- 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 (8);

(5) being 18 years of age or older, the offender engages in sexual contact with a person who is under 18 [16] years of age and at least two years younger than the offender, 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;

(6) 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;

or (7) being under 16 years of age, the offender engages in sexual penetration with a person who is under 13 years of age and at least three years younger than the offender.

* Sec.

11.

AS 11.41.438(a) is amended to read:

(a) An offender commits the crime of sexual abuse of a minor in the third degree if being 17 years of age or older, the offender engages in sexual contact with a person who is (1) 13, 14, or 15 years of age and at least four years younger than the offender;

or (2) 16 or 17 years of age and at least six years younger than the offender.

* Sec.

12.

AS 11.41.452(a) is amended to read:

(a) An offender [A PERSON] commits the crime of enticement of a minor if -9- Enrolled HB 239 the offender [PERSON], being 18 years of age or older, knowingly communicates with another person to entice, solicit, or encourage the person to engage in an act described in AS 11.41.455(a)(1) - (8) [AS 11.41.455(a)(1) - (7)] and (1) the other person is (A) 16 or 17 years of age and at least six years younger than the offender;

or (B) [A CHILD] under 16 years of age;

or (2) the offender [PERSON] believes that the other person is (A) 16 or 17 years of age and at least six years younger than the offender;

or (B) [A CHILD] under 16 years of age.

* Sec.

13.

AS 11.41.452(b) is amended to read:

(b) In a prosecution under (a)(2) of this section, it is not a defense that the person enticed, solicited, or encouraged was not actually (1) 16 or 17 years of age and at least six years younger than the offender;

or (2) [A CHILD] under 16 years of age.

* Sec.

14.

AS 11.41.452(c) is amended to read:

(c) In a prosecution under this section, it is not necessary for the prosecution to show that the act described in AS 11.41.455(a)(1) - (8) [AS 11.41.455(a)(1) - (7)] was actually committed.

* Sec.

15.

AS 11.41.452(e) is amended to read:

(e) Enticement of a minor is a class A felony if the offender [DEFENDANT] was, at the time of the offense, required to register as a sex offender or child kidnapper under AS 12.63 or a similar law of another jurisdiction.

* Sec.

16.

AS 11.41.455(a) is amended to read:

(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, video, electronic, or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine, or other material that visually or aurally depicts the conduct listed in (1) - (8) [(1) - (7)] of this subsection, the person knowingly induces or Enrolled HB 239 -10- 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;

or (8) contact with semen.

* Sec.

17.

AS 11.41.458(b) is amended to read:

(b) Indecent exposure in the first degree (1) is a class C felony;

or (2) is a class B felony if the offense occurs within the observation of a person under 18 [16] years of age.

* Sec.

18.

AS 11.41.460(b) is amended to read:

(b) Indecent exposure in the second degree before a person under 18 [16] years of age is a class A misdemeanor.

Indecent exposure in the second degree before a person 18 [16] years of age or older is a class B misdemeanor.

* Sec.

19.

AS 11.46.140(a) is amended to read:

(a) A person commits the crime of theft in the third degree if the person commits theft as defined in AS 11.46.100 and (1) the value of the property or services is $250 or more but less than $750;

[OR] (2) [REPEALED] (3) [REPEALED] (4) the value of the property is less than $250 and, within the preceding five years, the person has been convicted and sentenced on three or more separate occasions in this or another jurisdiction of theft or concealment of merchandise, or an -11- Enrolled HB 239 offense under another law or ordinance with similar elements;

or (5) the property is mail.

* Sec.

20.

AS 11.46.140 is amended by adding a new subsection to read:

(c) In this section, (1) "authorized depository" means a mailbox, letter box, post office box, or rural box used by postal customers for the deposit of outgoing mail or used by the United States Postal Service or a private mail delivery company for the delivery of incoming mail;

(2) "mail" means a letter, a card, a parcel, or material that (A) is sent or delivered by means of the United States Postal Service or a private mail delivery company;

(B) has postage affixed to it by the postal customer, the United States Postal Service, or a private mail delivery company or has been accepted for delivery by the United States Postal Service or a private mail delivery company;

and (C) is placed in an authorized depository or mail receptacle or given to an employee of the United States Postal Service or a private mail delivery company for delivery;

(3) "mail receptacle" means a location used by the United States Postal Service, a private mail delivery company, or a postal customer for the placement of outgoing mail or the receipt of incoming mail;

(4) "postage" means a United States Postal Service stamp, permit imprint, meter strip, or other authorized indication of prepayment for services provided or authorized by the United States Postal Service or a private mail delivery company for the collection and delivery of mail.

* Sec.

21.

AS 11.51.100(a) is amended to read:

(a) A person commits the crime of endangering the welfare of a child in the first degree if, being a parent, guardian, or other person legally charged with the care of a child under 18 [16] years of age, the person (1) intentionally deserts the child in a place under circumstances creating a substantial risk of physical injury to the child;

Enrolled HB 239 -12- (2) leaves the child with another person who is not a parent, guardian, or lawful custodian of the child knowing that the person is (A) registered or required to register as a sex offender or child kidnapper under AS 12.63 or a law or ordinance in another jurisdiction with similar requirements;

(B) charged by complaint, information, or indictment with a violation of AS 11.41.410 - 11.41.455 or a law or ordinance in another jurisdiction with similar elements;

or (C) charged by complaint, information, or indictment with an attempt, solicitation, or conspiracy to commit a crime described in (B) of this paragraph;

(3) leaves the child with another person knowing that the person has previously physically mistreated or had sexual contact with any child, and the other person causes physical injury to or engages in sexual contact with the child;

or (4) recklessly fails to provide an adequate quantity of food or liquids to a child, causing protracted impairment of the child's health.

* Sec.

22.

AS 11.61.116(a) is amended to read:

(a) A person commits the offense of sending an explicit image of a minor if the person, with intent to annoy or humiliate another person, distributes an electronic photograph or video that depicts the genitals, anus, or female breast of that other person taken when that person was a minor under 18 [16] years of age.

* Sec.

23.

AS 11.61.118(a) is amended to read:

(a) A person commits the crime of harassment in the first degree if, under circumstances not proscribed under AS 11.41.410 - 11.41.427, [OR] 11.41.434 - 11.41.440, or 11.41.455, the person violates AS 11.61.120(a)(5) and the offensive physical contact is contact (1) with human or animal blood, mucus, saliva, semen, urine, vomitus, or feces;

or (2) by the person touching through clothing another person's genitals, buttocks, or female breast.

* Sec.

24.

AS 11.61.120(a) is amended to read:

-13- Enrolled HB 239 (a) A person commits the crime of harassment in the second degree if, with intent to harass or annoy another person, that person (1) insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response;

(2) telephones another and fails to terminate the connection with intent to impair the ability of that person to place or receive telephone calls;

(3) makes repeated telephone calls at extremely inconvenient hours;

(4) makes an anonymous or obscene telephone call, an obscene electronic communication, or a telephone call or electronic communication that threatens physical injury or sexual contact;

(5) subjects another person to offensive physical contact;

(6) except as provided in AS 11.61.116, publishes or distributes electronic or printed photographs, pictures, or films that show the genitals, anus, or female breast of the other person or show that person engaged in a sexual act;

(7) repeatedly sends or publishes an electronic communication that insults, taunts, challenges, or intimidates a person under 18 years of age in a manner that places the person in reasonable fear of physical injury;

or (8) under circumstances not proscribed under AS 11.41.455, AS 11.61.121, 11.61.125 [AS 11.61.125], or 11.61.128, repeatedly sends to another person, publishes, or distributes electronic or printed photographs, pictures, or films that show the genitals of any person.

* Sec.

25.

AS 11.61 is amended by adding new sections to read:

Sec.

11.61.121.

Distribution of generated obscene child sexual abuse material.

(a) A person commits the crime of distribution of generated obscene child sexual abuse material if the person knowingly distributes in this state or advertises, promotes, solicits, or offers to distribute in this state any material that is proscribed under AS 11.61.122.

(b) The possession of 100 or more films, audio, video, electronic, or electromagnetic recordings, photographs, negatives, slides, books, newspapers, magazines, or other materials, including a combination of these items totaling 100 or more, is prima facie evidence of distribution and intent to distribute under (a) of this Enrolled HB 239 -14- section.

(c) This section does not apply to an employee or contractor of an interactive computer service, Internet service provider, cloud service provider, or telecommunications network who, while acting in the scope of employment, distributes, possesses, or accesses the material described in (a) of this section solely to prevent, detect, report, or otherwise respond to the distribution, advertisement, promotion, or solicitation of or offer to distribute the material.

In this subsection, "interactive computer service" has the meaning given in AS 11.61.127(b).

(d) In this section, "distribution" includes the following, whether or not for monetary or other consideration:

delivering, selling, renting, leasing, lending, giving, circulating, exhibiting, presenting, providing, exchanging, placing on a computer network or computer system, and providing billing collection, or other ancillary services for or otherwise supporting these activities.

(e) Distribution of generated obscene child sexual abuse material is a (1) class B felony;

or (2) class A felony if the person has been previously convicted of distribution of generated obscene child sexual abuse material in this jurisdiction, distribution of child sexual abuse material under AS 11.61.125, or a similar crime in this or another jurisdiction.

Sec.

11.61.122.

Possession of generated obscene child sexual abuse material.

(a) A person commits the crime of possession of generated obscene child sexual abuse material if the person knowingly possesses or knowingly accesses on a computer with intent to view any material that (1) the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest;

(2) depicts, in a patently offensive way, a child under 18 years of age who, by manipulation, creation, or modification, appears to be engaged in conduct described in AS 11.41.455(a)(1) - (8), regardless of whether an actual child was used;

and (3) when considered as a whole, lacks serious literary, artistic, political, or scientific value.

-15- Enrolled HB 239 (b) This section does not apply to an employee or contractor of an interactive computer service, Internet service provider, cloud service provider, or telecommunications network who, while acting in the scope of employment, possesses or accesses the material described in (a) of this section solely to prevent, detect, report, or otherwise respond to the production, generation, manipulation, or modification of the material.

In this subsection, "interactive computer service" has the meaning given in AS 11.61.127(b).

(c) In this section, "computer" has the meaning given in AS 11.46.990.

(d) Possession of generated obscene child sexual abuse material is a class C felony.

* Sec.

26.

AS 11.61.124(a) is amended to read:

(a) An offender commits the crime of solicitation or production of an indecent picture of a minor if, under circumstances not proscribed under AS 11.41.455 or AS 11.61.123, the offender being 18 years of age or older (1) solicits a picture of the genitals, anus, or female breast of another person and the (A) person solicited is (i) 16 or 17 years of age and at least six years younger than the offender;

or (ii) under 16 years of age and at least four years younger than the offender;

or (B) offender believes that the other person is (i) 16 or 17 years of age and at least six years younger than the offender;

or (ii) under 16 years of age and at least four years younger than the offender;

or (2) produces a picture of the genitals, anus, or female breast of another person and the (A) person shown in the picture is (i) 16 or 17 years of age and at least six years younger than the offender;

or Enrolled HB 239 -16- (ii) under 16 years of age and at least four years younger than the offender;

or (B) offender believes that the other person is (i) 16 or 17 years of age and at least six years younger than the offender;

or (ii) under 16 years of age and at least four years younger than the offender.

* Sec.

27.

AS 11.61.124(b) is amended to read:

(b) In a prosecution under (a) of this section, it is not a defense that the person solicited or shown in the picture was not actually (1) 16 or 17 years of age and at least six years younger than the offender;

or (2) a person under 16 years of age and at least four years younger than the offender.

* Sec.

28.

AS 11.61.125(b) is amended to read:

(b) This section does not apply to (1) acts that are an integral part of the exhibition or performance of a motion picture if the acts are performed within the scope of employment by a motion picture operator or projectionist employed by the owner or manager of a theater or other place for the showing of motion pictures, unless the motion picture operator or projectionist (A) [(1)] has a financial interest in the theater or place in which employed;

or (B) [(2)] causes the performance or motion picture to be performed or exhibited without the consent of the manager or owner of the theater or other place of showing;

or (2) an employee or contractor of an interactive computer service, Internet service provider, cloud service provider, or telecommunications network who, while acting in the scope of employment, distributes, possesses, or accesses the material described in (a) of this section solely to prevent, detect, report, or otherwise respond to the distribution, advertisement, promotion, or solicitation of -17- Enrolled HB 239 or offer to distribute the material;

in this paragraph, "interactive computer service" has the meaning given in AS 11.61.127(b).

* Sec.

29.

AS 11.61.125(e) is amended to read:

(e) Distribution of child sexual abuse material is a (1) class B felony;

or (2) class A felony if the person has been previously convicted of distribution of child sexual abuse material in this jurisdiction, distribution of generated obscene child sexual abuse material under AS 11.61.121, or a similar crime in this or another jurisdiction.

* Sec.

30.

AS 11.61.127(a) is amended to read:

(a) A person commits the crime of possession of child sexual abuse material if the person knowingly possesses or knowingly accesses on a computer with intent to view any material that visually depicts conduct described in AS 11.41.455(a)(1) - (8) [AS 11.41.455(a)] knowing that the (1) production of the material involved the use of a child under 18 years of age who engaged in the conduct;

or (2) material depicts [A DEPICTION OF] a part of an actual child under 18 years of age who, by manipulation, creation, or modification, appears to be engaged in the conduct.

* Sec.

31.

AS 11.61.127(b) is amended to read:

(b) This section does not apply to (1) persons providing plethysmograph assessments in the course of a sex offender treatment program that meets the minimum standards under AS 33.30.011(a)(5);

or (2) an employee or contractor of an interactive computer service, Internet service provider, cloud service provider, or telecommunications network who, while acting in the scope of employment, possesses or accesses the material described in (a) of this section solely to prevent, detect, report, or otherwise respond to the production, generation, manipulation, or modification of the material;

in this paragraph, "interactive computer service" means an information service, system, or access software provider that provides or enables Enrolled HB 239 -18- computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and those systems operated or services offered by libraries or educational institutions.

* Sec.

32.

AS 11.61.128(a) is amended to read:

(a) An offender [A PERSON] commits the crime of distribution of indecent material to minors if (1) the offender [PERSON], being 18 years of age or older, intentionally distributes or possesses with intent to distribute any material described in (2) and (3) of this subsection to either (A) a child who [THAT] the offender [PERSON] knows is under 18 [16] years of age and at least two years younger than the offender;

or (B) another person that the offender [PERSON] believes is a child under 18 [16] years of age and at least two years younger than the offender;

(2) the offender [PERSON] knows that the material depicts the following actual or simulated conduct:

(A) sexual penetration;

(B) the lewd touching of a person's genitals, anus, or female breast;

(C) masturbation;

(D) bestiality;

(E) the lewd exhibition of a person's genitals, anus, or female breast;

[OR] (F) sexual masochism or sadism;

or (G) contact with semen;

and (3) the material is harmful to minors.

* Sec.

33.

AS 11.61.128(b) is amended to read:

(b) In this section, it is not a defense that the victim was not actually under 18 [16] years of age.

* Sec.

34.

AS 11.61.128(c) is amended to read:

-19- Enrolled HB 239 (c) In this section, "harmful to minors" means (1) the average individual, applying contemporary community standards, would find that the material, taken as a whole, appeals to the prurient interest in sex for persons under 18 [16] years of age;

(2) a reasonable person would find that the material, taken as a whole, lacks serious literary, artistic, educational, political, or scientific value for persons under 18 [16] years of age;

and (3) the material depicts actual or simulated conduct in a way that is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable for persons under 18 [16] years of age.

* Sec.

35.

AS 11.61.128(e) is amended to read:

(e) Distribution of indecent material to minors is a class B felony if the offender [DEFENDANT] was, at the time of the offense, required to register as a sex offender or child kidnapper under AS 12.63 or a similar law of another jurisdiction.

* Sec.

36.

AS 11.61.129(a) is amended to read:

(a) Property used to aid a violation of AS 11.61.121 - 11.61.128 [AS 11.61.123 - 11.61.128] or to aid the solicitation of, attempt to commit, or conspiracy to commit a violation of AS 11.61.121 - 11.61.128 [AS 11.61.123 - 11.61.128] may be forfeited to the state upon the conviction of the offender.

* Sec.

37.

AS 11.61.140(a) is amended to read:

(a) A person commits cruelty to animals if the person (1) knowingly inflicts severe or prolonged physical pain or suffering on an animal;

(2) has a legal duty to care for the animal and, with criminal negligence, fails to care for an animal and, as a result, causes the death of the animal or causes severe physical pain or prolonged suffering to the animal;

(3) kills or injures an animal by the use of a decompression chamber;

(4) intentionally kills or injures a pet or livestock by the use of poison;

(5) knowingly kills or injures an animal, other than as provided in (1) or (3) of this subsection, with the intent to intimidate, threaten, or terrorize another person;

Enrolled HB 239 -20- (6) knowingly (A) engages in sexual conduct with an animal;

or (B) under circumstances not proscribed under AS 11.41.455, (i) photographs or films, for purposes of sexual gratification, a person engaged in sexual conduct with an animal;

or (ii) causes, induces, aids, or encourages another person to engage in sexual conduct with an animal;

[OR] (7) intentionally permits sexual conduct with an animal to be conducted on any premises under the person's control;

or (8) under circumstances not proscribed under AS 11.61.122 or 11.61.127, knowingly possesses or knowingly accesses on a computer with intent to view any material that (A) the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest;

(B) depicts, in a patently offensive way, conduct proscribed under (6)(A) of this subsection;

and (C) when considered as a whole, lacks serious literary, artistic, political, or scientific value.

* Sec.

38.

AS 11.61.140(g) is amended to read:

(g) Except as provided in (h) of this section, cruelty to animals under (a)(2), (5), (6), [OR] (7), or (8) of this section is a class A misdemeanor.

The court may also (1) require forfeiture of any animal affected to the state or to a custodian that supplies shelter, care, or medical treatment for the animal;

(2) require the defendant to reimburse the state or a custodian for all reasonable costs incurred in providing necessary shelter, care, veterinary attention, or medical treatment for any animal affected;

(3) prohibit or limit the defendant's ownership, possession, or custody of animals for up to 10 years.

* Sec.

39.

AS 11.61.140(h) is amended to read:

(h) Cruelty to animals under (a)(1), (3), or (4) of this section is a class C -21- Enrolled HB 239 felony.

Cruelty to animals is also a class C felony if the person is convicted under (a)(2), (5), (6), [OR] (7), or (8) of this section and the person has been previously convicted on one or more separate occasions within 10 years of the date of the present offense of a crime under this section, AS 11.61.145(a)(1) or (2), or a law or ordinance of another jurisdiction having elements similar to those offenses.

For a conviction under this subsection, the court may also (1) require forfeiture of any animal affected to the state or to a custodian that supplies shelter, care, or medical treatment for the animal;

(2) require the defendant to reimburse the state or a custodian for all reasonable costs incurred in providing necessary shelter, care, veterinary attention, or medical treatment for any animal affected;

(3) prohibit or limit the defendant's ownership, possession, or custody of animals for up to 10 years.

* Sec.

40.

AS 11.66.100(c) is amended to read:

(c) A person may not be prosecuted under (a)(1) of this section if the (1) person (A) was, at the time of the offense, 17 years of age or younger;

or (B) witnessed or was a victim of, and reported to law enforcement in good faith, one or more of the following crimes:

(i) [(A)] murder in the first degree under AS 11.41.100;

(ii) [(B)] murder in the second degree under AS 11.41.110;

(iii) [(C)] manslaughter under AS 11.41.120;

(iv) [(D)] criminally negligent homicide under AS 11.41.130;

(v) [(E)] assault in the first degree under AS 11.41.200;

(vi) [(F)] assault in the second degree under AS 11.41.210;

(vii) [(G)] assault in the third degree under AS 11.41.220;

Enrolled HB 239 -22- (viii) [(H)] assault in the fourth degree under AS 11.41.230;

(ix) [(I)] sexual assault in the first degree under AS 11.41.410;

(x) [(J)] sexual assault in the second degree under AS 11.41.420;

(xi) [(K)] sexual assault in the third degree under AS 11.41.425;

(xii) [(L)] sexual assault in the fourth degree under AS 11.41.427;

(xiii) [(M)] sexual abuse of a minor in the first degree under AS 11.41.434;

(xiv) [(N)] sexual abuse of a minor in the second degree under AS 11.41.436;

(xv) [(O)] sexual abuse of a minor in the third degree under AS 11.41.438;

(xvi) [(P)] sexual abuse of a minor in the fourth degree under AS 11.41.440;

(xvii) [(Q)] robbery in the first degree under AS 11.41.500;

(xviii) [(R)] robbery in the second degree under AS 11.41.510;

(xix) [(S)] extortion under AS 11.41.520;

(xx) [(T)] coercion under AS 11.41.530;

(xxi) [(U)] distribution of child sexual abuse material under AS 11.61.125;

(xxii) [(V)] possession of child sexual abuse material under AS 11.61.127;

(xxiii) [(W)] sex trafficking in the first degree under AS 11.66.110;

(xxiv) [(X)] sex trafficking in the second degree under -23- Enrolled HB 239 AS 11.66.120;

(xxv) [(Y)] sex trafficking in the third degree under AS 11.66.130;

(xxvi) [OR (Z)] sex trafficking in the fourth degree under AS 11.66.135;

(xxvii) distribution of generated obscene child sexual abuse material under AS 11.61.121;

or (xxviii) possession of generated obscene child sexual abuse material under AS 11.61.122;

(2) evidence supporting the prosecution under (a)(1) of this section was obtained or discovered as a result of the person reporting the crime to law enforcement;

and (3) person cooperated with law enforcement personnel.

* Sec.

41.

AS 11.71.100(a) is amended to read:

(a) The Controlled Substances Advisory Committee is established in the division of the Department of Commerce, Community, and Economic Development with responsibility for corporations, business, and professional licensing [LAW].

The committee consists of (1) the attorney general or the attorney general's designee;

(2) the commissioner of family and community services or the commissioner's designee;

(3) the commissioner of public safety or the commissioner's designee;

(4) the president of the Board of Pharmacy or the designee of the president who shall also be a member of the Board of Pharmacy;

(5) a peace officer appointed by the governor after consultation with the Alaska Association of Chiefs of Police;

(6) a physician appointed by the governor;

(7) a psychiatrist appointed by the governor;

and (8) two individuals appointed by the governor.

* Sec.

42.

AS 12.10.010(a) is amended to read:

(a) Prosecution for the following offenses may be commenced at any time:

Enrolled HB 239 -24- (1) murder;

(2) attempt, solicitation, or conspiracy to commit murder or hindering the prosecution of murder;

(3) felony sexual abuse of a minor;

(4) sexual assault that is an unclassified, class A, or class B felony or a violation of AS 11.41.425(a)(2) - (4);

(5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person who, at the time of the offense, was under 18 years of age;

(6) kidnapping;

(7) distribution of generated obscene child sexual abuse material in violation of AS 11.61.121 or distribution of child sexual abuse material in violation of AS 11.61.125;

(8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an unclassified, class A, or class B felony or that is committed against a person who, at the time of the offense, was under 20 years of age;

(9) human trafficking in violation of AS 11.41.360 or 11.41.365.

* Sec.

43.

AS 12.45.046(a) is amended to read:

(a) In a criminal proceeding under AS 11.41 involving the prosecution of an offense committed against a child under the age of 18 [16], or witnessed by a child under the age of 18 [16], the court (1) may appoint a guardian ad litem for the child;

(2) on its own motion or on the motion of the party presenting the witness or the guardian ad litem of the child, may order that the testimony of the child be taken by closed circuit television or through one-way mirrors if the court determines that the testimony by the child victim or witness under normal court procedures would result in the child's inability to effectively communicate.

* Sec.

44.

AS 12.55.078(f) is amended to read:

(f) The court may not suspend the imposition or entry of judgment and may not defer prosecution under this section of a person who (1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 -25- Enrolled HB 239 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or AS 11.66.110 - 11.66.135;

(2) uses a firearm in the commission of the offense for which the person is charged;

(3) has previously been granted a suspension of judgment under this section or a similar statute in another jurisdiction, unless the court enters written findings that by clear and convincing evidence the person's prospects for rehabilitation are high and suspending judgment under this section adequately protects the victim of the offense, if any, and the community;

(4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony and the person has one or more prior convictions for a misdemeanor violation of AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a felony in this state;

for the purposes of this paragraph, a person shall be considered to have a prior conviction even if (A) the charges were dismissed under this section;

(B) the conviction has been set aside under AS 12.55.085;

or (C) the charge or conviction was dismissed or set aside under an equivalent provision of the laws of another jurisdiction;

or (5) is charged with a crime involving domestic violence, as defined in AS 18.66.990.

* Sec.

45.

AS 12.55.085(f) is amended to read:

(f) The court may not suspend the imposition of sentence of a person who (1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or AS 11.66.110 - 11.66.135;

(2) uses a firearm in the commission of the offense for which the person is convicted;

or (3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony Enrolled HB 239 -26- and the person has one or more prior convictions for a misdemeanor violation of AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a felony in this state;

for the purposes of this paragraph, a person shall be considered to have a prior conviction even if that conviction has been set aside under (e) of this section or under the equivalent provision of the laws of another jurisdiction.

* Sec.

46.

AS 12.55.100(e) is amended to read:

(e) In addition to other conditions imposed on the defendant, while on probation and as a condition of probation (1) for a sex offense, as described in AS 12.63.100, the defendant (A) shall be required to submit to regular periodic polygraph examinations;

(B) may be required to provide each electronic mail address, instant messaging address, and other Internet communication identifier that the defendant uses to the defendant's probation officer;

the probation officer shall forward those addresses and identifiers to the Alaska state troopers and to the local law enforcement agency;

(2) if the defendant was convicted of a violation of AS 11.41.434 - 11.41.455, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or a similar offense in another jurisdiction, the defendant may be required to refrain from (A) using or creating an Internet site;

(B) communicating with children under 16 years of age;

(C) possessing or using a computer;

or (D) residing within 500 feet of school grounds;

in this subparagraph, "school grounds" has the meaning given in AS 11.71.900.

* Sec.

47.

AS 12.55.125(b) is amended to read:

(b) A defendant convicted of attempted murder in the first degree, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, kidnapping, or misconduct involving a controlled substance in the first degree shall be sentenced to a definite term of imprisonment of at least five years but not more than -27- Enrolled HB 239 99 years.

A defendant convicted of murder in the second degree or murder of an unborn child under AS 11.41.150(a)(2) - (4) shall be sentenced to a definite term of imprisonment of at least 15 years but not more than 99 years.

A defendant convicted of murder in the second degree shall be sentenced to a definite term of imprisonment of at least 20 years but not more than 99 years when the defendant is convicted of the murder of a child under 18 [16] years of age and the court finds by clear and convincing evidence that the defendant (1) was a natural parent, a stepparent, an adoptive parent, a legal guardian, or a person occupying a position of authority in relation to the child;

or (2) caused the death of the child by committing a crime against a person under AS 11.41.200 - 11.41.530.

In this subsection, "legal guardian" and "position of authority" have the meanings given in AS 11.41.470.

* Sec.

48.

AS 12.55.125(d) is amended to read:

(d) Except as provided in (i) of this section, a defendant convicted of a class B felony may be sentenced to a definite term of imprisonment of not more than 10 years, and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:

(1) if the offense is a first felony conviction and does not involve circumstances described in (2) of this subsection, one to three years;

a defendant sentenced under this paragraph may, if the court finds it appropriate, be granted a suspended imposition of sentence under AS 12.55.085 if, as a condition of probation under AS 12.55.086, the defendant is required to serve an active term of imprisonment within the range specified in this paragraph, unless the court finds that a mitigation factor under AS 12.55.155 applies;

(2) if the offense is a first felony conviction, (A) the defendant violated AS 11.41.130, and the victim was a child under 18 [16] years of age, two to four years;

(B) two to four years if the conviction is for attempt, solicitation, or conspiracy to manufacture related to methamphetamine under AS 11.31 and AS 11.71.021(a)(2)(A) or (B), and (i) the attempted manufacturing occurred, or the solicited or conspired offense was to have occurred, in a building with Enrolled HB 239 -28- reckless disregard that the building was used as a permanent or temporary home or place of lodging for one or more children under 18 years of age or the building was a place frequented by children;

or (ii) in the course of an attempt to manufacture, the defendant obtained the assistance of one or more children under 18 years of age or one or more children were present;

(3) if the offense is a second felony conviction, three to seven years;

(4) if the offense is a third felony conviction, six to 10 years.

* Sec.

49.

AS 12.55.125(i) is amended to read:

(i) A defendant convicted of (1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor under AS 11.41.455(c)(2), or sex trafficking in the first degree under AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:

(A) if the offense is a first felony conviction, the offense does not involve circumstances described in (B) of this paragraph, and the victim was (i) less than 13 years of age, 25 to 35 years;

(ii) 13 years of age or older, 20 to 30 years;

(B) if the offense is a first felony conviction and the defendant possessed a firearm, used a dangerous instrument, or caused serious physical injury during the commission of the offense, 25 to 35 years;

(C) if the offense is a second felony conviction and does not involve circumstances described in (D) of this paragraph, 30 to 40 years;

(D) if the offense is a second felony conviction and the defendant has a prior conviction for a sexual felony, 35 to 45 years;

(E) if the offense is a third felony conviction and the defendant is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 to 60 years;

-29- Enrolled HB 239 (F) if the offense is a third felony conviction, the defendant is not subject to sentencing under (l) of this section, and the defendant has two prior convictions for sexual felonies, 99 years;

(2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a minor in the first degree, or sex trafficking in the first degree under AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175:

(A) if the offense is a first felony conviction, the offense does not involve circumstances described in (B) of this paragraph, and the victim was (i) under 13 years of age, 20 to 30 years;