AS Title 11, Chapter 61: Offenses Against Public Order

Article 1. Offenses Related to Riot, Disorderly Conduct, Child Sexual Abuse Material, Indecency, Gangs, Corpses, or Animals. Chapter 61. Offenses Against Public Order. Sec. 11.61.100. Riot. (a) A person commits the crime of riot if, while participating with five or more others, the person engages in tumultuous and violent conduct in a public place and thereby causes, or creates a substantial risk of causing, damage to property or physical injury to a person. (b) Riot is a class C felony. Sec. 11.61.110. Disorderly conduct. (a) A person commits the crime of disorderly conduct if, (1) with intent to disturb the peace and privacy of another not physically on the same premises or with reckless disregard that the conduct is having that effect after being informed that it is having that effect, the person makes unreasonably loud noise; (2) in a public place or in a private place of another without consent, and with intent to disturb the peace and privacy of another or with reckless disregard that the conduct is having that effect after being informed that it is having that effect, the person makes unreasonably loud noise; (3) in a public place, when a crime has occurred, the person refuses to comply with a lawful order of a peace officer to disperse; (4) in a private place, the person refuses to comply with an order of a peace officer to leave premises in which the person has neither a right of possession nor the express invitation to remain of a person having a right of possession; (5) in a public or private place, the person challenges another to fight or engages in fighting other than in self-defense; (6) the person recklessly creates a hazardous condition for others by an act which has no legal justification or excuse; or (7) the offender intentionally exposes the offender's buttock or anus to another with reckless disregard for the offensive or insulting effect the act may have on that person. (b) As used in this section, “noise” is “unreasonably loud” if, considering the nature and purpose of the defendant's conduct and the circumstances known to the defendant, including the nature of the location and the time of day or night, the conduct involves a gross deviation from the standard of conduct that a reasonable person would follow in the same situation. “Noise” does not include speech that is constitutionally protected. (c) Disorderly conduct is a class B misdemeanor and is punishable as authorized in AS 12.55 except that a sentence of imprisonment, if imposed, shall be for a definite term of not more than (1) 72 hours if the offense is a first conviction; (2) 10 days if the offense is a second or subsequent conviction. Sec. 11.61.116. Sending an explicit image of a minor. (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 16 years of age. (b) In this section, (1) “computer” has the meaning given in AS 11.46.990 ; (2) “distributes” means to deliver the image to another person by sending the image to the other person's computer or telephone; (3) “Internet” has the meaning given in AS 11.46.710 (d). (c) Sending an explicit image of a minor is (1) a class B misdemeanor if the person distributes the image to another person; (2) a class A misdemeanor if the person distributes the image to an Internet website that is accessible to the public. Sec. 11.61.118. Harassment in the first degree. (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, 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. (b) Harassment in the first degree is a class A misdemeanor. Sec. 11.61.120. Harassment in the second degree. (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 11.61.125 , 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. (b) Harassment in the second degree is a class B misdemeanor. Sec. 11.61.123. Indecent viewing or production of a picture. (a) A person commits the crime of indecent viewing or production of a picture if the person knowingly (1) views, or views a picture of, the private exposure of the genitals, anus, or female breast of another person; or (2) produces a picture of the private exposure of the genitals, anus, or female breast of another person. (b) Each viewing of a person, and each production of a picture of a person, whose genitals, anus, or female breast are viewed or are shown in a picture constitutes a separate violation of this section. (c) This section does not apply to the viewing or production of a picture conducted by a law enforcement agency for a law enforcement purpose. (d) In a prosecution under this section, it is an affirmative defense that the viewing or production of a picture was conducted as a security surveillance system, notice of the viewing or production was posted, and any viewing or use of pictures produced is done only in the interest of crime prevention or prosecution. (e) In this section, (1) “picture” means a film, photograph, negative, slide, book, newspaper, or magazine, whether in print, electronic, magnetic, or digital format; and (2) “private exposure” means that a person has exposed the person's body or part of the body in a place, and under circumstances, that the person reasonably believed would not result in the person's body or body parts being viewed by the defendant or produced in a picture; “private exposure” does not include the exposure of a person's body or body parts in a law enforcement facility, correctional facility, treatment institution, designated treatment facility, juvenile treatment facility, or juvenile detention facility; in this paragraph, (A) “correctional facility” has the meaning given in AS 33.30.901 ; (B) “designated treatment facility” has the meaning given in AS 47.30.915 ; (C) “juvenile detention facility” and “juvenile treatment facility” have the meanings given in AS 47.12.990 ; (D) “treatment institution” has the meaning given in AS 47.14.990 . (f) The provisions of this section do not apply to acts (1) that may reasonably be construed to be normal caretaker responsibilities for a child, interactions with a child, or affection for a child; or (2) performed for the purpose of administering a recognized and lawful form of treatment that is reasonably adapted to promoting the physical or mental health of the person being treated. (g) Indecent viewing or production of a picture is a (1) class B felony if the person violates (a)(2) of this section and the person shown in the picture was, at the time of the production of the picture, a minor; (2) class C felony if the person (A) violates (a)(1) of this section and the person viewed (i) was, at the time of the viewing, a minor; or (ii) in the picture was, at the time of the production of the picture, a minor; or (B) violates (a)(2) of this section and the person shown in the picture was, at the time of the production of the picture, an adult; (3) class A misdemeanor if the person violates (a)(1) of this section and the person viewed (A) was, at the time of the viewing, an adult; or (B) in the picture was, at the time of the production of the picture, an adult. Sec. 11.61.124. Solicitation or production of an indecent picture of a minor. (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 under 16 years of age and at least four years younger than the offender; or (B) offender believes that the other person is 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 under 16 years of age and at least four years younger than the offender; or (B) offender believes that the other person is under 16 years of age and at least four years younger than the offender. (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 a person under 16 years of age and at least four years younger than the offender. (c) In a prosecution under (a)(1) of this section, it is not necessary for the prosecution to show that a picture was actually produced. (d) The provisions of this section do not apply to acts (1) that may reasonably be construed to be normal caretaker responsibilities for a child, interactions with a child, or affection for a child; or (2) performed for the purpose of administering a recognized and lawful form of treatment that is reasonably adapted to promoting the physical or mental health of the person being treated. (e) In this section, “picture” has the meaning given in AS 11.61.123 (e). (f) Solicitation or production of an indecent picture of a minor is a (1) class C felony if an offender (A) violates (a)(1) of this section and the person solicited is under 13 years of age; or (B) violates (a)(2) of this section; (2) class A misdemeanor if an offender violates (a)(1) of this section and the person solicited is 13 years of age or older. Sec. 11.61.125. Distribution of child sexual abuse material. (a) A person commits the crime of distribution of child sexual abuse material if the person distributes in this state or advertises, promotes, solicits, or offers to distribute in this state any material that is proscribed under AS 11.61.127 . (b) This section does not apply to 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 (1) has a financial interest in the theater or place in which employed; or (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. (c) 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 section. (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 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 or a similar crime in this or another jurisdiction. Sec. 11.61.127. Possession of child sexual abuse material. (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) knowing that the production of the material involved the use of a child under 18 years of age who engaged in the conduct or 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. (b) This section does not apply to 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). (c) Each film, audio, video, electronic, or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine, or other material that visually or aurally depicts conduct described in AS 11.41.455 (a) that is possessed or accessed in violation of (a) of this section is a separate violation of this section. (d) In a prosecution under (a) of this section, it is an affirmative defense that the person (1) possessed or accessed fewer than three depictions described in (a) of this section; and (2) without allowing any person other than a law enforcement agency to view the depictions, either took reasonable steps to destroy the depictions, or reported the matter to a law enforcement agency and allowed the agency access to the depictions. (e) In a prosecution under (a) of this section, the prosecution is not required to prove the identity of a minor depicted or that the defendant knew the identity of a minor depicted. (f) In this section, “computer” has the meaning given in AS 11.46.990 . (g) Possession of child sexual abuse material is a class C felony. Sec. 11.61.128. Distribution of indecent material to minors. (a) A person commits the crime of distribution of indecent material to minors if (1) the 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 that the person knows is under 16 years of age; or (B) another person that the person believes is a child under 16 years of age; (2) the 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; and (3) the material is harmful to minors. (b) In this section, it is not a defense that the victim was not actually under 16 years of age. (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 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 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 16 years of age. (d) Except as provided in (e) of this section, distribution of indecent material to minors is a class C felony. (e) Distribution of indecent material to minors is a class B felony if the 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. 11.61.129. Forfeiture of property used in indecent viewing or production of a picture or child sexual abuse material. (a) Property used to aid a violation of AS 11.61.123 — 11.61.128 or to aid the solicitation of, attempt to commit, or conspiracy to commit a violation of AS 11.61.123 — 11.61.128 may be forfeited to the state upon the conviction of the offender. (b) In this section, “property” has the meaning given in AS 11.41.468 . Sec. 11.61.130. Misconduct involving a corpse. (a) A person commits the crime of misconduct involving a corpse if (1) except as authorized by law or in an emergency, the person intentionally disinters, removes, conceals, or mutilates a corpse; (2) the person engages in sexual penetration of a corpse; or (3) the person detains a corpse for a debt or demand or upon a lien or charge. (b) Misconduct involving a corpse is a class A misdemeanor. Sec. 11.61.140. Cruelty to animals. (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; (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. (b) Each animal that is subject to cruelty to animals under (a) of this section shall constitute a separate offense. (c) It is a defense to a prosecution under this section that the conduct of the defendant (1) was part of scientific research governed by accepted standards; (2) constituted the humane destruction of an animal; (3) conformed to accepted veterinary or animal husbandry practices; (4) was necessarily incidental to lawful fishing, hunting or trapping activities; (5) conformed to professionally accepted training and discipline standards. (d) In (a)(2) of this section, failure to provide the minimum standards of care for an animal under AS 03.55.100 is prima facie evidence of failure to care for an animal. (e) This section does not apply to generally accepted dog mushing or pulling contests or practices or rodeos or stock contests. (f) In this section, “sexual conduct” means any (1) touching or fondling by a person, either directly or through clothing, of the genitals or anus of an animal or any transfer or transmission of semen by the person on any part of the animal for the purpose of sexual gratification or arousal of the person; (2) contact, however slight, between the mouth, genitals, or anus of a person and the sex organ or anus of an animal, or any intrusion, however slight, of any part of the body of the person into the sex organ or anus of an animal, or any intrusion of the genitals or anus of the person into the mouth of the animal for the purpose of sexual gratification of the person. (g) Except as provided in (h) of this section, cruelty to animals under (a)(2), (5), (6), or (7) 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. (h) Cruelty to animals under (a)(1), (3), or (4) of this section is a class C felony. Cruelty to animals is also a class C felony if the person is convicted under (a)(2), (5), (6), or (7) 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. 11.61.145. Promoting an exhibition of fighting animals. (a) A person commits the crime or offense, as applicable, of promoting an exhibition of fighting animals if the person (1) owns, possesses, keeps, or trains an animal with intent that it be engaged in an exhibition of fighting animals; (2) instigates, promotes, or has a pecuniary interest in an exhibition of fighting animals; or (3) attends an exhibition of fighting animals. (b) The animals, equipment, vehicles, money, and other personal property used by a person in a violation of (a)(1) or (2) of this section shall be forfeited to the state if the person is convicted of an offense under this section. (c) [Repealed, § 103 ch 13 SLA 2019.] (d) Promoting an exhibition of fighting animals (1) under (a)(1) or (2) of this section is a class C felony; (2) under (a)(3) of this section is (A) a violation (i) for the first offense; (ii) punishable by a fine of not more than $1,000 for the second offense; and (B) a class A misdemeanor for the third and each subsequent offense. Sec. 11.61.150. Obstruction of highways. (a) A person commits the offense of obstruction of highways if the person knowingly (1) places, drops, or permits to drop on a highway any substance that creates a substantial risk of physical injury to others using the highway; or (2) renders a highway impassable or passable only with unreasonable inconvenience or hazard. (b) It is an affirmative defense to a prosecution under (a)(1) of this section that (1) the defendant took reasonable steps to remove the substance from the highway; and (2) no person suffered physical injury as a result of the presence of the substance on the highway. (c) Obstruction of highways is a violation punishable by a fine of not more than $1,000. Sec. 11.61.160. Recruiting a gang member in the first degree. (a) A person commits the crime of recruiting a gang member in the first degree if the person uses or threatens the use of force against a person or property to induce a person to participate in a criminal street gang or to commit a crime on behalf of a criminal street gang. (b) Recruiting a gang member in the first degree is a class C felony. Sec. 11.61.165. Recruiting a gang member in the second degree. (a) A person commits the crime of recruiting a gang member in the second degree if the person is 18 years of age or older and, without force or the threat of force, encourages or recruits a person who is under 18 years of age and at least three years younger than the offender to participate in a criminal street gang. (b) Recruiting a gang member in the second degree is a class A misdemeanor. Article 2. Weapons and Explosives. Sec. 11.61.190. Misconduct involving weapons in the first degree. (a) A person commits the crime of misconduct involving weapons in the first degree if the person (1) uses or attempts to use a firearm during the commission of an offense under AS 11.71.010 — 11.71.040; or (2) discharges a firearm from a propelled vehicle while the vehicle is being operated and under circumstances manifesting substantial and unjustifiable risk of physical injury to a person or damage to property. (b) Misconduct involving weapons in the first degree is a class A felony. Sec. 11.61.195. Misconduct involving weapons in the second degree. (a) A person commits the crime of misconduct involving weapons in the second degree if the person knowingly (1) possesses a firearm during the commission of an offense under AS 11.71.010 — 11.71.040; (2) violates AS 11.61.200 (a)(1) and is within the grounds of or on a parking lot immediately adjacent to (A) a public or private preschool, elementary, junior high, or secondary school without the permission of the chief administrative officer of the school or district or the designee of the chief administrative officer; or (B) an entity, other than a private residence, licensed as a child care facility under AS 47.32 or recognized by the federal government for the care of children; or (3) discharges a firearm at or in the direction of (A) a building with reckless disregard for a risk of physical injury to a person; or (B) a dwelling. (b) Misconduct involving weapons in the second degree is a class B felony. Sec. 11.61.200. Misconduct involving weapons in the third degree. (a) A person commits the crime of misconduct involving weapons in the third degree if the person (1) knowingly possesses a firearm capable of being concealed on one's person after having been convicted of a felony or adjudicated a delinquent minor for conduct that would constitute a felony if committed by an adult by a court of this state, a court of the United States, or a court of another state or territory; (2) knowingly sells or transfers a firearm capable of being concealed on one's person to a person who has been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory; (3) manufactures, possesses, transports, sells, or transfers a prohibited weapon; (4) knowingly sells or transfers a firearm to another whose physical or mental condition is substantially impaired as a result of the introduction of an intoxicating liquor or controlled substance into that other person's body; (5) removes, covers, alters, or destroys the manufacturer's serial number on a firearm with intent to render the firearm untraceable; (6) possesses a firearm on which the manufacturer's serial number has been removed, covered, altered, or destroyed, knowing that the serial number has been removed, covered, altered, or destroyed with the intent of rendering the firearm untraceable; (7) violates AS 11.46.320 and, during the violation, possesses on the person a firearm when the person's physical or mental condition is impaired as a result of the introduction of an intoxicating liquor or controlled substance into the person's body; (8) violates AS 11.46.320 or 11.46.330 by entering or remaining unlawfully on premises or in a propelled vehicle in violation of a provision of an order issued or filed under AS 18.66.100 — 18.66.180 or issued under former AS 25.35.010 (b) or 25.35.020 and, during the violation, possesses on the person a defensive weapon or a deadly weapon, other than an ordinary pocketknife; (9) communicates in person with another in violation of AS 11.56.740 and, during the communication, possesses on the person a defensive weapon or a deadly weapon, other than an ordinary pocketknife; (10) resides in a dwelling knowing that there is a firearm capable of being concealed on one's person or a prohibited weapon in the dwelling if the person has been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory, unless the person has written authorization to live in a dwelling in which there is a concealable weapon described in this paragraph from a court of competent jurisdiction or from the head of the law enforcement agency of the community in which the dwelling is located; or (11) discharges a firearm from a propelled vehicle while the vehicle is being operated in circumstances other than described in AS 11.61.190 (a)(2). (12) [Repealed, § 2 ch 100 SLA 2010.] (b) The provisions of (1) (a)(1) of this section do not apply to a person if (A) the person convicted of the prior offense on which the action is based received a pardon for that conviction; (B) the underlying conviction upon which the action is based has been set aside under AS 12.55.085 or as a result of post-conviction proceedings; or (C) a period of 10 years or more has elapsed between the date of the person's unconditional discharge on the prior offense or adjudication of juvenile delinquency and the date of the violation of (a)(1) of this section, and the prior conviction or adjudication of juvenile delinquency did not result from a violation of AS 11.41 or of a similar law of the United States or of another state or territory; (2) (a)(2) or (10) of this section do not apply to a person if (A) the person convicted of the prior offense on which the action is based received a pardon for that conviction; (B) the underlying conviction upon which the action is based has been set aside under AS 12.55.085 or as a result of post-conviction proceedings; or (C) a period of 10 years or more has elapsed between the date of the person's unconditional discharge on the prior offense and the date of the violation of (a)(2) or (10) of this section, and the prior conviction did not result from a violation of AS 11.41 or of a similar law of the United States or of another state or territory. (c) It is an affirmative defense to a prosecution under (a)(3) of this section that the manufacture, possession, transportation, sale, or transfer of the prohibited weapon was in accordance with registration under 26 U.S.C. 5801-5872 (National Firearms Act). (d) It is an affirmative defense to a prosecution under (a)(11) of this section that the person was using a firearm while hunting, trapping, or fishing in a manner not prohibited by statute or regulation. (e) The provisions of (a)(3) and (11) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment. (f) [Repealed, § 2 ch 100 SLA 2010.] (g) [Repealed, § 2 ch 100 SLA 2010.] (h) As used in this section, (1) “prohibited weapon” means any (A) explosive, incendiary, or noxious gas (i) mine or device that is designed, made, or adapted for the purpose of inflicting serious physical injury or death; (ii) rocket, other than an emergency flare, having a propellant charge of more than four ounces; (iii) bomb; or (iv) grenade; (B) device designed, made, or adapted to muffle the report of a firearm; (C) firearm that is capable of shooting more than one shot automatically, without manual reloading, by a single function of the trigger; or (D) rifle with a barrel length of less than 16 inches, shotgun with a barrel length of less than 18 inches, or firearm made from a rifle or shotgun which, as modified, has an overall length of less than 26 inches; (2) “unconditional discharge” has the meaning ascribed to it in AS 12.55.185 . (i) Misconduct involving weapons in the third degree is a class C felony. Sec. 11.61.210. Misconduct involving weapons in the fourth degree. (a) A person commits the crime of misconduct involving weapons in the fourth degree if the person (1) possesses on the person, or in the interior of a vehicle in which the person is present, a firearm when the person's physical or mental condition is impaired as a result of the introduction of an intoxicating liquor or a controlled substance into the person's body in circumstances other than described in AS 11.61.200 (a)(7); (2) discharges a firearm from, on, or across a highway; (3) discharges a firearm with reckless disregard for a risk of damage to property or a risk of physical injury to a person under circumstances other than those described in AS 11.61.195 (a)(3)(A); (4) manufactures, possesses, transports, sells, or transfers metal knuckles; (5) sells or transfers a switchblade or a gravity knife to a person under 18 years of age without the prior written consent of the person's parent or guardian; (6) knowingly sells a firearm or a defensive weapon to a person under 18 years of age; (7) other than a preschool, elementary, junior high, or secondary school student, knowingly possesses a deadly weapon or a defensive weapon, without the permission of the chief administrative officer of the school or district or the designee of the chief administrative officer, within the buildings of, on the grounds of, or on the school parking lot of a public or private preschool, elementary, junior high, or secondary school, on a school bus while being transported to or from school or a school-sponsored event, or while participating in a school-sponsored event, except that a person 21 years of age or older may possess (A) a deadly weapon, other than a loaded firearm, in the trunk of a motor vehicle or encased in a closed container in a motor vehicle; (B) a defensive weapon; (C) an unloaded firearm if the person is traversing school premises in a rural area for the purpose of entering public or private land that is open to hunting and the school board with jurisdiction over the school premises has elected to have this exemption apply to the school premises; in this subparagraph, “rural” means a community with a population of 5,500 or less that is not connected by road or rail to Anchorage or Fairbanks or with a population of 1,500 or less that is connected by road or rail to Anchorage or Fairbanks; or (8) being a preschool, elementary, junior high, or secondary school student, knowingly possesses a deadly weapon or a defensive weapon, within the buildings of, on the grounds of, or on the school parking lot of a public or private preschool, elementary, junior high, or secondary school, on a school bus while being transported to or from school or a school-sponsored event, or while participating in a school-sponsored event, except that a student may possess a deadly weapon, other than a firearm as defined under 18 U.S.C. 921, or a defensive weapon if the student has obtained the prior permission of the chief administrative officer of the school or district or the designee of the chief administrative officer for the possession. (b) [Repealed, § 4 ch 63 SLA 1990.] (c) The provisions of (a)(7) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment. (d) Misconduct involving weapons in the fourth degree is a class A misdemeanor. Sec. 11.61.215. Intoxication as applicable to possession of a firearm. [Repealed, § 11 ch 59 SLA 1991.] Sec. 11.61.220. Misconduct involving weapons in the fifth degree. (a) A person commits the crime of misconduct involving weapons in the fifth degree if the person (1) is 21 years of age or older and knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon, (A) that is concealed on the person, and, when contacted by a peace officer, the person fails to (i) immediately inform the peace officer of that possession; or (ii) allow the peace officer to secure the deadly weapon, or fails to secure the weapon at the direction of the peace officer, during the duration of the contact; (B) that is concealed on the person within the residence of another person unless the person has first obtained the express permission of an adult residing there to bring a concealed deadly weapon within the residence; (2) knowingly possesses a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises; (3) being an unemancipated minor under 16 years of age, possesses a firearm, switchblade, or gravity knife without the consent of a parent or guardian of the minor; (4) knowingly possesses a firearm (A) within the grounds of or on a parking lot immediately adjacent to an entity, other than a private residence, licensed as a child care facility under AS 47.32 or recognized by the federal government for the care of children, except that a person 21 years of age or older may possess an unloaded firearm in the trunk of a motor vehicle or encased in a closed container of a motor vehicle; (B) within a (i) courtroom or office of the Alaska Court System; or (ii) courthouse that is occupied only by the Alaska Court System and other justice-related agencies; or (C) within a domestic violence or sexual assault shelter that receives funding from the state; (5) [Repealed, § 7 ch 54 SLA 2013.] (6) is less than 21 years of age and knowingly possesses a deadly weapon, other than an ordinary pocket knife or a defensive weapon, that is concealed on the person. (b) In a prosecution under (a)(6) of this section, it is an affirmative defense that the defendant, at the time of possession, was (1) in the defendant's dwelling or on land owned or leased by the defendant appurtenant to the dwelling; or (2) actually engaged in lawful hunting, fishing, trapping, or other lawful outdoor activity that necessarily involves the carrying of a weapon for personal protection. (c) The provisions of (a)(2) and (4) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment. (d) In a prosecution under (a)(2) of this section, it is (1) an affirmative defense that (A) [Repealed, § 7 ch 62 SLA 2003.] (B) the loaded firearm was a concealed handgun as defined in AS 18.65.790 ; and (C) the possession occurred at a place covered by a restaurant or eating place license under AS 04.09.210 , seasonal restaurant or eating place tourism license under AS 04.09.360 , or restaurant endorsement under AS 04.09.450 and the defendant did not consume intoxicating liquor at the place; (2) a defense that the defendant, at the time of possession, was on business premises (A) owned by or leased by the defendant; or (B) in the course of the defendant's employment for the owner or lessee of those premises. (e) For purposes of this section, a deadly weapon on a person is concealed if it is covered or enclosed in any manner so that an observer cannot determine that it is a weapon without removing it from that which covers or encloses it or without opening, lifting, or removing that which covers or encloses it; a deadly weapon on a person is not concealed if it is an unloaded firearm encased in a closed container designed for transporting firearms. (f) For purposes of (a)(2) and (e) of this section, a firearm is loaded if the (1) firing chamber, magazine, clip, or cylinder of the firearm contains a cartridge; and (2) chamber, magazine, clip, or cylinder is installed in or on the firearm. (g) The provisions of (a)(1) and (6) of this section do not apply to a (1) peace officer of this state or a municipality of this state acting within the scope and authority of the officer's employment; (2) peace officer employed by another state or a political subdivision of another state who, at the time of the possession, is (A) certified as a peace officer by the other state; and (B) acting within the scope and authority of the officer's employment; or (3) police officer of this state or a police officer or chief administrative officer of a municipality of this state; in this paragraph, “police officer” and “chief administrative officer” have the meanings given in AS 18.65.290 . (h) In a prosecution (1) under (a)(4)(B) of this section, it is a defense that the defendant, at the time of possession, was authorized to possess the firearm under a rule of court; (2) under (a)(4)(C) of this section, it is a defense that the defendant, at the time of possession, was authorized in writing by the administrator of the shelter to possess the firearm. (i) In (a)(1) of this section, “contacted by a peace officer” means stopped, detained, questioned, or addressed in person by the peace officer for an official purpose. (j) Misconduct involving weapons in the fifth degree is a class B misdemeanor. Sec. 11.61.230. [Renumbered as AS 11.46.315 .] Sec. 11.61.240. Criminal possession of explosives. (a) A person commits the crime of criminal possession of explosives if the person possesses or manufactures an explosive substance or device and intends to use that substance or device to commit a crime. (b) Criminal possession of explosives is a (1) class A felony if the crime intended is murder in any degree or kidnapping; (2) class B felony if the crime intended is a class A felony; (3) class C felony if the crime intended is a class B felony; (4) class A misdemeanor if the crime intended is a class C felony; (5) class B misdemeanor if the crime intended is a class A or class B misdemeanor. Sec. 11.61.250. Unlawful furnishing of explosives. (a) A person commits the crime of unlawful furnishing of explosives if the person furnishes an explosive substance or device to another knowing that the other intends to use the substance or device to commit a crime. (b) Unlawful furnishing of explosives is a class C felony.