34-LS1470\N34-LS1470\A CS FOR SENATE BILL NO.
247(CRA)247 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - SECOND SESSION BY THESENATORS SENATEKIEHL, COMMUNITYMerrick, ANDGiessel, REGIONALMyers, AFFAIRSYundt, COMMITTEECronk, Referred:Kawasaki, Stedman, Tilton Introduced:
Judiciary2/18/26 Sponsor(s):Referred:
SENATORSCommunity KIEHL,& Merrick,Regional Giessel,Affairs, Myers,Judiciary 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;
relating to enticement of a minor;
relating to unlawful exploitation of a minor;
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 engages in sexual penetration with a person who is 13, 14, or 15 years of age and at least four 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 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 SB0247B -1- CSSB 247(CRA) New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N 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 (8);
(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;
(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.
2.
AS 11.41.452(a) is amended to read:
(a) A person commits the crime of enticement of a minor if the 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 child under 16 years of age;
or (2) the person believes that the other person is a child under 16 years of age.
* Sec.
3.
AS 11.41.452(c) is amended to read:
CSSB 247(CRA) -2- SB0247B New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N (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.
4.
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 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.
5.
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.
6.
SB0247B -3- CSSB 247(CRA) New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N (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;
(4) makes an anonymous or obscene telephone call, an obscene electronic communication, or a telephone call or electronic communication that SB0247A -1- SB 247 New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\A threatens physical injury or sexual contact;
7.2.
(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 CSSB 247(CRA) -4- SB0247B New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N section.
or (2) class A felony if the person has been previously convicted of SB 247 -2- SB0247A New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\A distribution of generated obscene child sexual abuse material in this jurisdiction, distribution of child sexual abuse materials under AS 11.61.125, or a similar crime in this or another jurisdiction.
(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),(7), regardless of whether an actual child was used;
SB0247B -5- CSSB 247(CRA) New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N (c) In this section, "computer" has the meaning given in AS 11.46.990.
8.3.
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 SB0247A -3- SB 247 New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\A crime in this or another jurisdiction.
9.4.
(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)(7) [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;
10.5.
in this paragraph, "interactive computer service" means an CSSB 247(CRA) -6- SB0247B New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N information service, system, or access software provider that provides or enables 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.
11.6.
SB 247 -4- SB0247A New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\A * Sec.
12.7.
SB0247B -7- CSSB 247(CRA) New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N (P) sexual abuse of a minor in the fourth degree under AS 11.41.440;
(V) possession of child sexual abuse material under SB0247A -5- SB 247 New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\A AS 11.61.127;
13.8.
CSSB 247(CRA) -8- SB0247B New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N (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;
(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 SB 247 -6- SB0247A New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\A the time of the offense, was under 20 years of age;
14.9.
for the purposes of this paragraph, a person shall be considered to have a prior conviction even if SB0247B -9- CSSB 247(CRA) New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N (A) the charges were dismissed under this section;
15.10.
(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 SB0247A -7- SB 247 New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\A - 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;
16.11.
the probation officer shall forward those addresses and identifiers to the Alaska state troopers and to the CSSB 247(CRA) -10- SB0247B New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N local law enforcement agency;
in this SB 247 -8- SB0247A New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\A subparagraph, "school grounds" has the meaning given in AS 11.71.900.
17.12.
(E) if the offense is a third felony conviction and the defendant SB0247B -11- CSSB 247(CRA) New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 to 60 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 SB0247A -9- SB 247 New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\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:
CSSB 247(CRA) -12- SB0247B New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N (3) sexual assault in the second degree, sexual abuse of a minor in the second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the first degree under AS 11.41.458(b)(2), distribution of generated obscene child sexual abuse material under AS 11.61.121(d)(2), distribution of child sexual abuse material under AS 11.61.125(e)(2), patron of a victim of sex trafficking under AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault in the first degree under AS 11.41.410(a)(1)(B) 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 SB 247 -10- SB0247A New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\A AS 12.55.155 - 12.55.175:
(4) sexual assault in the third degree, sexual abuse of a minor in the third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under AS 11.41.458(b)(1), distribution of generated obscene child sexual abuse material under AS 11.61.121(d)(1), possession of generated obscene child sexual abuse material, indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2), possession of child sexual abuse material, distribution of child sexual abuse material under AS 11.61.125(e)(1), patron of a victim of sex trafficking under AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault in the second degree, sexual abuse of a minor in the second degree, distribution of generated obscene child sexual abuse material, unlawful exploitation of a minor, distribution of child sexual abuse material under AS 11.61.125(e)(2), or patron of a victim of sex trafficking under AS 11.66.137, may be sentenced to a definite term of SB0247B -13- CSSB 247(CRA) New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N 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:
SB0247A -11- SB 247 New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\A (C) if the offense is a first felony conviction under AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)], and the defendant hosted, created, or helped host or create a mechanism for multi-party sharing or distribution of generated obscene child sexual abuse material or child sexual abuse material, or received a financial benefit or had a financial interest in a generated obscene child sexual abuse material or child sexual abuse material sharing or distribution mechanism, six to 14 years;
18.13.
(d) If the defendant is being sentenced for two or more crimes of distribution of generated obscene child sexual abuse material under AS 11.61.121, possession of generated obscene child sexual abuse material under AS 11.61.122, distribution of child sexual abuse material under AS 11.61.125, possession of child sexual abuse material under AS 11.61.127, or distribution of indecent material to minors under AS 11.61.128, a consecutive term of imprisonment shall be imposed for some CSSB 247(CRA) -14- SB0247B New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N additional term of imprisonment for each additional crime or each additional attempt or solicitation to commit the offense.
19.14.
(16) "sexual felony" means sexual assault in the first degree, sexual abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in the second degree, sexual abuse of a minor in the second degree, sexual abuse of a minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, patron of a victim of sex trafficking, distribution of generated obscene child sexual abuse material, possession of generated obscene child sexual abuse material, SB 247 -12- SB0247A New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\A indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2), distribution of child sexual abuse material, sexual assault in the third degree, incest, indecent exposure in the first degree, possession of child sexual abuse material, enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those crimes;
20.15.
21.16.
AS 12.63.100(7) is amended to read:
(7) "sex offense" means SB0247B -15- CSSB 247(CRA) New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N (A) a crime under AS 11.41.100(a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit a sexual offense, or a similar offense under the laws of the other jurisdiction;
in this subparagraph, "sexual offense" has the meaning given in AS 11.41.100(a)(3);
(B) a crime under AS 11.41.110(a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit one of the following crimes, or a similar law of another jurisdiction:
(i) sexual assault in the first degree;
(ii) sexual assault in the second degree;
(iii) sexual abuse of a minor in the first degree;
or (iv) sexual abuse of a minor in the second degree;
(C) a crime, or an attempt, solicitation, or conspiracy to commit a crime, under the following statutes or a similar law of another jurisdiction:
(i) AS 11.41.410 - 11.41.438;
(ii) AS 11.41.440(a)(2);
(iii) AS 11.41.450 - 11.41.458;
(iv) AS 11.41.460 or AS 26.05.900(c) if the indecent exposure is before a person under 16 years of age and the offender has previously been convicted under AS 11.41.460 or AS 26.05.900(c);
(v) AS 11.61.121 or 11.61.122;
(vi) AS 11.61.125 - 11.61.128;
(vii) [(vi)] AS 11.66.130(a)(2)(B) or AS 26.05.900(b) if the person who was induced or caused to engage in prostitution was under 20 years of age at the time of the offense;
(viii) [(vii)] former AS 11.15.120, former 11.15.134, or assault with the intent to commit rape under former AS 11.15.160, former AS 11.40.110, or former 11.40.200;
(ix) [(viii)] AS 11.61.118(a)(2) if the offender has a previous conviction for that offense;
(x) [(ix)] AS 11.66.100(a)(2) if the offender is subject CSSB 247(CRA) -16- SB0247B New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N to punishment under former AS 11.66.100(e);
(xi) [(x)] AS 26.05.890 if the person engaged in sexual penetration or sexual contact with the victim;
(xii) [(xi)] AS 26.05.890 if, at the time of the offense, the victim is under a duty to obey the lawful orders of the offender, regardless of whether the offender is in the direct chain of command over the victim;
(xiii) [(xii)]AS 26.05.893 if the person engaged in sexual penetration or sexual contact with the victim;
(xiv) [(xiii)] AS 26.05.900(a) if the victim is under 18 years of age at the time of the offense;
(xv) [(xiv)] AS 26.05.900 if, at the time of the offense, the victim is under a duty to obey the lawful orders of the offender, regardless of whether the offender is in the direct chain of command over the victim;
(xvi) [(xv)] AS 11.61.123 if the offender is subject to punishment under AS 11.61.123(g)(1) or (2);
(xvii) [(xvi)] AS 11.66.137;
(xviii) [(xvii)] AS 11.61.130(a)(2);
or (xix) [(xviii)] AS 11.66.110 and 11.66.120;
(D) an offense, or an attempt, solicitation, or conspiracy to commit an offense, under AS 26.05.935(b), or a similar law of another jurisdiction, if the member of the militia commits one of the following enumerated offenses punishable under Article 134, 10 U.S.C.
934 (Uniform Code of Military Justice):
(i) child sexual abuse material;
or (ii) pandering and prostitution if the person who is induced, enticed, caused, or procured to engage in a sexual act is under 20 years of age at the time of the offense;
or (E) an offense in which the person is required to register as a sex offender under the laws of another jurisdiction;
SB0247B -17- CSSB 247(CRA) New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N * Sec.
22.
23.17.
(A) a violation, or an attempt, solicitation, or conspiracy to SB0247A -13- SB 247 New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\A commit 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 - 11.41.470, or 11.41.500 - 11.41.530;
CSSB 247(CRA) -18- SB0247B New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N (L) possession of generated obscene child sexual abuse material under AS 11.61.122;
SB 247 -14- SB0247A New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\A * Sec.
24.18.
25.19.
SB0247B -19- CSSB 247(CRA) New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N (B) the minor's alleged commission of (i) a crime against a person that is punishable as a felony;
(vi) sex trafficking in the first degree under SB0247A -15- SB 247 New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\A AS 11.66.110;
26.20.
CSSB 247(CRA) -20- SB0247B New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N (3) burglary in the first degree;
27.21.
SB 247 -16- SB0247A New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\A APPLICABILITY.
(1) AS 11.41.436(a),11.61.120(a), as amended by sec.
(2) AS 11.41.452(a),11.61.125(e), as amended by sec.
2 of this Act;
(3) AS 11.41.452(c), as amended by sec.
(4)(3) AS 11.41.455(a),11.61.127(a), as amended by sec.
(5)(4) AS 11.61.118(a),11.61.127(b), as amended by sec.
(6)(5) AS 11.61.120(a),11.61.129(a), as amended by sec.
(7)and (6) AS 11.61.125(e),11.66.100(c), as amended by sec.
87 of this Act;Act.
(8) AS 11.61.127(a), as amended by sec.
9 of this Act;
(9) AS 11.61.127(b), as amended by sec.
10 of this Act;
(10) AS 11.61.129(a), as amended by sec.
11 of this Act;
and (11) AS 11.66.100(c), as amended by sec.
12 of this Act.
149 of this Act;
1510 of this Act;
1712 of this Act;
1914 of this Act;
2015 of this Act;
SB0247B -21- CSSB 247(CRA) New Text Underlined [DELETED TEXT BRACKETED] 34-LS1470\N (6) AS 12.63.100(7),14.20.030(b), as amended by sec.
2116 of this Act;Act.
andSB0247A (7)-17- ASSB 14.20.030(b),247 asNew amendedText byUnderlined sec.[DELETED TEXT BRACKETED]
22 of this Act.
CSSB 247(CRA) -22- SB0247B New Text Underlined [DELETED TEXT BRACKETED]