AS Title 11, Chapter 51: Offenses Against the Family and Vulnerable Adults

Article 1. Offenses Against the Family. Chapter 51. Offenses Against the Family and Vulnerable Adults. Sec. 11.51.100. Endangering the welfare of a child in the first degree. (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 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; (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. (b) A person commits the crime of endangering the welfare of a minor in the first degree if the person transports a child in a motor vehicle, aircraft, or watercraft while in violation of AS 28.35.030 . (c) In this section, “physically mistreated” means (1) having committed an act punishable under AS 11.41.100 — 11.41.250; or (2) having applied force to a child that, under the circumstances in which it was applied, or considering the age or physical condition of the child, constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation because of the substantial and unjustifiable risk of (A) death; (B) serious or protracted disfigurement; (C) protracted impairment of health; (D) loss or impairment of the function of a body member or organ; (E) substantial skin bruising, burning, or other skin injury; (F) internal bleeding or subdural hematoma; (G) bone fracture; or (H) prolonged or extreme pain, swelling, or injury to soft tissue. (d) Endangering the welfare of a child in the first degree under (a)(3) of this section is a (1) class B felony if the child dies; (2) class C felony if the child suffers sexual contact, sexual penetration, or serious physical injury; or (3) class A misdemeanor if the child suffers physical injury. (e) Endangering the welfare of a child under (b) of this subsection is a class A misdemeanor. (f) Endangering the welfare of a child in the first degree under (a)(1), (2), or (4) of this section is a class C felony. Sec. 11.51.110. Endangering the welfare of a child in the second degree. (a) A person commits the offense of endangering the welfare of a child in the second degree if the person, while caring for a child under 10 years of age, (1) causes or allows the child to enter or remain in a dwelling or vehicle in which a controlled substance is stored in violation of AS 11.71 ; or (2) is impaired by an intoxicant, whether or not prescribed for the person under AS 17.30 , and there is no third person who is at least 12 years of age and not impaired by an intoxicant present to care for the child. (b) In this section, (1) “impaired” means that a person is unconscious or a person is physically or mentally affected so that the person does not have the ability to care for the basic safety or personal needs of a child with the caution characteristic of a sober person of ordinary prudence; (2) “intoxicant” has the meaning given in AS 47.10.990 . (c) Endangering the welfare of a child in the second degree is a violation. Sec. 11.51.120. Criminal nonsupport. (a) A person commits the crime of criminal nonsupport if, being a person legally charged with the support of a child the person knowingly fails, without lawful excuse, to provide support for the child. (b) As used in this section “support” includes necessary food, care, clothing, shelter, medical attention, and education. There is no failure to provide medical attention to a child if the child is provided treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by an accredited practitioner of the church or denomination. (c) Except as provided in (d) of this section, criminal nonsupport is a class A misdemeanor. (d) Criminal nonsupport is a class C felony if the support the person failed to provide is monetary support required by a court or administrative order from this or another jurisdiction and, at the time the person knowingly failed, without lawful excuse, to provide the support, (1) the aggregate amount of accrued monetary child support arrearage is $20,000 or more; (2) no child support payment has been made for a period of 24 consecutive months or more; or (3) the person had been previously convicted under this section or a similar provision in another jurisdiction and (A) the aggregate amount of accrued monetary child support arrearage is $5,000 or more; or (B) no child support payment has been made for a period of six months or more. (e) In addition to the provisions of (c) and (d) of this section, criminal nonsupport is punishable by loss or restriction of a recreational license as provided in AS 12.55.139 . (f) In this section, (1) “child” means a person (A) under 18 years of age; or (B) 18 years of age or older for whom a person is ordered to pay support under a valid court or administrative order; (2) “child support” means support for a child; (3) “without lawful excuse” means having the financial ability to provide support or having the capacity to acquire that ability through the exercise of reasonable efforts. Sec. 11.51.121. Aiding the nonpayment of child support in the first degree. (a) A person commits the crime of aiding the nonpayment of child support in the first degree if the person violates AS 11.51.122 and the person knows the obligor (1) has an aggregate amount of accrued monetary child support arrearage of $20,000 or more; (2) has not made a child support payment for a period of 24 consecutive months or more; or (3) had been previously convicted under AS 11.51.120 or a similar provision in another jurisdiction and (A) has an aggregate amount of accrued monetary child support arrearage of $5,000 or more; or (B) has not made a child support payment for a period of 24 consecutive months or more. (b) Aiding the nonpayment of child support in the first degree is a class C felony. (c) In addition to the penalties under (b) of this section, aiding the nonpayment of child support in the first degree is punishable by loss or restriction of a recreational license as provided in AS 12.55.139 . Sec. 11.51.122. Aiding the nonpayment of child support in the second degree. (a) A person commits the crime of aiding the nonpayment of child support in the second degree if the person knows that an obligor has a duty under an administrative or judicial order for periodic payment of child support, for cash medical support, or for the provision of health care coverage for a child under a medical support order or a cash medical support order, or both, and (1) being a person with a statutory duty to disclose information to a child support enforcement agency, intentionally withholds the information when it is requested by a child support enforcement agency; (2) being an employer of the obligor, intentionally withholds information about the residence or employment of the obligor, the eligibility of the obligor's children for coverage under the employer's health insurance plan, or the cost of the coverage of the children under the plan, when that information is requested by a child support enforcement agency or when the employer is required by state or federal law to report the information without a request by a child support enforcement agency; or (3) intentionally participates in a commercial, business, employment, or other arrangement with the obligor, knowing at the time that the arrangement is made that it will allow the obligor to avoid paying all or some of the support when it is due or to avoid having a lien placed on assets for the payment of delinquent support; receipt of a substantial asset for less than fair market value from an obligor after the obligor's support order has been established constitutes a rebuttable presumption that the person receiving the asset knew that the transfer would allow the obligor to avoid paying all or some of the support or to avoid having a lien placed on the asset. (b) In a prosecution under (a)(2) and (3) of this section, it is a defense that the (1) defendant did not intend to assist the obligor in the nonpayment of child support or in the avoidance of a duty to provide health care coverage of a child; or (2) obligor did not intend to avoid paying child support or to avoid providing health care coverage of a child. (c) This section does not prohibit an arrangement entered into with an attorney for the purpose of paying the attorney who represents the child support obligor in proceedings to contest or modify a child support order. (d) In this section, “child” and “child support” have the meanings given in AS 11.51.120 . (e) Aiding the nonpayment of child support in the second degree is a class A misdemeanor. (f) In addition to the penalties under (e) of this section, aiding the nonpayment of child support in the second degree is punishable by loss or restriction of a recreational license as provided in AS 12.55.139 . Sec. 11.51.125. Failure to permit visitation with a minor. (a) A custodian commits the offense of failure to permit visitation with a minor if the custodian intentionally, and without just excuse, fails to permit visitation with a child under 18 years of age in the custodian's custody in substantial conformance with a court order that is specific as to when the custodian must permit another to have visitation with that child. (b) The custodian may not be charged under this section with more than one offense in respect to what is, under the court order, a single continuous period of visitation. (c) In a prosecution under this section, existing provisions of law prohibiting the disclosure of confidential communications between husband and wife do not apply, and both husband and wife are competent to testify for or against each other as to all relevant matters, if a court order has awarded custody to one spouse and visitation to the other. (d) As used in this section, (1) “court order” means a decree, judgment, or order issued by a court of competent jurisdiction; (2) “custodian” means a natural person who has been awarded custody, either temporary or permanent, of a child under 18 years of age; (3) “just excuse” includes illness of the child which makes it dangerous to the health of the child for visitation to take place in conformance with the court order; “just excuse” does not include the wish of the child not to have visitation with the person entitled to it. (e) Failure to permit visitation with a minor is a violation. Sec. 11.51.130. Contributing to the delinquency of a minor. (a) A person commits the crime of contributing to the delinquency of a minor if, being 19 years of age or older or being under 19 years of age and having the disabilities of minority removed for general purposes under AS 09.55.590 , the person aids, induces, causes, or encourages a child (1) under 18 years of age to do any act prohibited by state law unless the child's disabilities of minority have been removed for general purposes under AS 09.55.590 ; (2) under 18 years of age or allows a child under 18 years of age to enter or remain in the immediate physical presence of the unlawful manufacture, use, display, or delivery of a controlled substance knowing that the manufacture, use, display, or delivery is occurring, unless the child's disabilities of minority have been removed for general purposes under AS 09.55.590 ; (3) under 16 years of age to be repeatedly absent from school, without just cause; or (4) under 18 years of age to be absent from the custody of a parent, guardian, or custodian without the permission of the parent, guardian, or custodian or without the knowledge of the parent, guardian, or custodian, unless the child's disabilities of minority have been removed for general purposes under AS 09.55.590 or the person has immunity under AS 47.10.350 or 47.10.398(a); it is an affirmative defense to a prosecution under this paragraph that, at the time of the alleged offense, the defendant (A) reasonably believed that the child was in danger of physical injury or in need of temporary shelter; and (B) within 12 hours after taking the actions comprising the alleged offense, notified a peace officer, a law enforcement agency, or the Department of Family and Community Services of the name of the child and the child's location. (b) Contributing to the delinquency of a minor is a class A misdemeanor. Sec. 11.51.140. Unlawful marrying. (a) A person commits the crime of unlawful marrying if the person knowingly marries or purports to marry (1) another when that person or the other is lawfully married to a third person; (2) more than one person simultaneously; or (3) a person who simultaneously is marrying another person. (b) Unlawful marrying is a class A misdemeanor. Article 2. Vulnerable Adults. Sec. 11.51.200. Endangering the welfare of a vulnerable adult in the first degree. (a) A person commits the crime of endangering the welfare of a vulnerable adult in the first degree if the person (1) intentionally abandons a vulnerable adult in any place under circumstances creating a substantial risk of physical injury to the vulnerable adult and the vulnerable adult is in the person's care (A) by contract or authority of law; or (B) in a facility or program that is required by law to be licensed by the state; or (2) violates AS 11.51.210 and, as a result of the violation, the vulnerable adult suffers serious physical injury. (b) Endangering the welfare of a vulnerable adult in the first degree is a class C felony. Sec. 11.51.210. Endangering the welfare of a vulnerable adult in the second degree. (a) A person commits the crime of endangering the welfare of a vulnerable adult in the second degree if the person fails without lawful excuse to provide support for the vulnerable adult and the vulnerable adult is in the person's care (1) by contract or authority of law; or (2) in a facility or program that is required by law to be licensed by the state. (b) As used in this section, “support” includes necessary food, care, clothing, shelter, and medical attention. There is no failure to provide medical attention to a vulnerable adult if the vulnerable adult is provided treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination of which the vulnerable adult is a member or adherent, provided the vulnerable adult consents to the treatment through spiritual means only, and the treatment is administered by an accredited practitioner of the church or denomination. (c) Endangering the welfare of a vulnerable adult in the second degree is a class A misdemeanor. Sec. 11.51.220. Definition of vulnerable adult. In AS 11.51.200 — 11.51.210, “vulnerable adult” has the meaning given in AS 47.24.900 .