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Sexual
Assault in the First Degree (AS 11.41.410) |
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- An offender commits the crime of sexual assault in the first degree
if:
- the offender engages in sexual penetration with another person without consent of
that person; or
- the offender attempts to engage in sexual penetration with another person without
consent of that person and causes serious physical injury to that person; or
- the offender engages in sexual penetration with another person who the offender
knows is mentally incapable and who is in the offender’s care either by the authority
of the law or in a facility/program required by law to be licensed by the state; or
- the offender engages in sexual penetration with a person who the offender knows
is unaware that a sexual act is being committed and the offender is a health care worker
and the offense takes place during the course of professional treatment of the victim.
- Sexual assault in the first degree is an unclassified
felony and is punishable as provided in AS 12.55
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Sexual Assault in the Second Degree (AS 11.41.420) |
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- An offender commits the crime of sexual assault in the second degree
if:
- the offender engages in sexual contact with another person without consent of
that person; or
- the offender attempts to engage in sexual contact with a person who the offender
knows is mentally incapable and who is entrusted to the offender’s care by authority
of law or in a facility/program that is required by law to be licensed by the state; or
- the offender engages in sexual penetration with another person who the offender
knows is mentally incapable, incapacitated or unaware that a sexual act is being
committed; or
- the offender engages in sexual contact with a person who the offender knows is
unaware that a sexual act is being committed and the offender is a health care worker and
the offense takes place during the course of professional treatment of the victim.
- Sexual assault in the second degree is class B felony.
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Sexual Assault in the Third Degree
(AS 11.41.425) |
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- 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
mentally incapable, incapacitated or unaware that a sexual act is being committed.
- Sexual assault in the third degree is a class C felony.
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Sexual Abuse of a
Minor (SAM) Pin the First Degree (AS 11.41.434) |
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- An offender commits the crime of sexual abuse of a minor in the first
degree if:
- 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; or
- 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
- being 18 years of age or older, the offender engages in sexual penetration with a person
who is under 16 years of age and
- 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
- the offender occupies a position of authority in relation to the victim.
- Sexual abuse of a minor in the first degree is an unclassified felony
and is punishable as provided in AS 12.55.
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Sexual Abuse of a
Minor in the Second Degree (AS 11.41.436) |
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- An offender commits the crime of sexual abuse of a minor in the
second degree if:
- 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; or
- 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;
or
- 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; or
- 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); or
- being 18 years of age or older, the offender engages in sexual
contact with a person who is under 16 years of age and
- 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
- the offender occupies a position of authority in relation to the victim.
- Sexual abuse of a minor in the second degree is a class B felony.
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Sexual Abuse of a Minor in the Third
Degree (AS 11.41.438) |
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- An offender commits the crime of sexual abuse of a minor in
the third degree if:
- 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
- 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.
- Sexual abuse of a minor in the third degree is a class C felony.
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Sexual Abuse of a Minor in the
Fourth Degree (AS 11.41.440) |
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- An offender commits the crime of sexual abuse of a minor in
the fourth degree if:
- 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
- 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.
- Sexual abuse of a minor in the fourth degree is a class A misdemeanor.
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General Provisions (AS 11.41.445) |
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- 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.
- In a prosecution under AS 11.41.410 - 11.41.440, whenever a provisions 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.
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Definitions
(AS 11.41.470) |
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For purposes of AS 11.41.410 - 11.41.470, unless the
context requires otherwise,
- 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.
- Incapacitated means temporarily incapable of appraising the nature of one’s own
conduct and physically unable to express unwillingness to act.
- 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 (DFYS), and police officers and probation officers when those
officers are exercising custodial control over a minor.
- 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.
- Position of Authority means an employer, youth leader, scout leader,
coach, teacher, counselor, school administrator, religious leader, doctor, nurse,
psychologist, guardian ad litem, baby-sitter, or a substantially similar position.
- Sexual Act means sexual penetration or sexual contact.
- Sexual Contact means the defendant’s knowingly touching,
directly or through clothing, the victim’s genitals, anus, or female breasts; or
knowingly causing the victim to touch, directly or through clothing, the defendant’s
or victim’s genitals, anus or female breasts.
- Sexual Penetration means genital intercourse, cunnilingus, fellatio,
anal intercourse, or an intrusion of an object or any part of a person’s body into
the genital or anal opening of another.
- Victim means the person alleged to have been subjected to sexual
assault in any degree or sexual abuse of a minor in any degree.
- Without Consent means that a person
- 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
- is incapacitated as a result of an act of the defendant.
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The Law
