AS Title 11, Chapter 66: Offenses Against Public Health and Decency

Article 1. Prostitution and Sex Trafficking. Chapter 66. Offenses Against Public Health and Decency. Sec. 11.66.100. Prostitution. (a) A person commits the crime of prostitution if the person (1) engages in or agrees or offers to engage in sexual conduct in return for a fee; or (2) offers a fee in return for sexual conduct. (b) [Repealed, § 62 ch 11 SLA 2024.] (c) A person may not be prosecuted under (a)(1) of this section if the (1) person witnessed or was a victim of, and reported to law enforcement in good faith, one or more of the following crimes: (A) murder in the first degree under AS 11.41.100 ; (B) murder in the second degree under AS 11.41.110 ; (C) manslaughter under AS 11.41.120 ; (D) criminally negligent homicide under AS 11.41.130 ; (E) assault in the first degree under AS 11.41.200 ; (F) assault in the second degree under AS 11.41.210 ; (G) assault in the third degree under AS 11.41.220 ; (H) assault in the fourth degree under AS 11.41.230 ; (I) sexual assault in the first degree under AS 11.41.410 ; (J) sexual assault in the second degree under AS 11.41.420 ; (K) sexual assault in the third degree under AS 11.41.425 ; (L) sexual assault in the fourth degree under AS 11.41.427 ; (M) sexual abuse of a minor in the first degree under AS 11.41.434 ; (N) sexual abuse of a minor in the second degree under AS 11.41.436 ; (O) sexual abuse of a minor in the third degree under AS 11.41.438 ; (P) sexual abuse of a minor in the fourth degree under AS 11.41.440 ; (Q) robbery in the first degree under AS 11.41.500 ; (R) robbery in the second degree under AS 11.41.510 ; (S) extortion under AS 11.41.520 ; (T) coercion under AS 11.41.530 ; (U) distribution of child sexual abuse material under AS 11.61.125 ; (V) possession of child sexual abuse material under AS 11.61.127 ; (W) sex trafficking in the first degree under AS 11.66.110 ; (X) sex trafficking in the second degree under AS 11.66.120 ; (Y) sex trafficking in the third degree under AS 11.66.130 ; or (Z) sex trafficking in the fourth degree under AS 11.66.135 ; (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. (d) Prostitution is a class B misdemeanor. (e) [Repealed, § 62 ch 11 SLA 2024.] Sec. 11.66.110. Sex trafficking in the first degree. (a) A person commits the crime of sex trafficking in the first degree if the person (1) induces or causes another person to engage in prostitution through the use of force; (2) as other than a patron of a prostitute, induces or causes another person who is under 20 years of age to engage in prostitution; or (3) induces or causes a person in that person's legal custody to engage in prostitution. (b) In a prosecution under (a)(2) of this section, it is not a defense that the defendant reasonably believed that the person induced or caused to engage in prostitution was 20 years of age or older. (c) Except as provided in (d) of this section, sex trafficking in the first degree is a class A felony. (d) A person convicted under (a)(2) of this section is guilty of an unclassified felony. Sec. 11.66.120. Sex trafficking in the second degree. (a) A person commits the crime of sex trafficking in the second degree if the person (1) manages, supervises, controls, or owns, either alone or in association with others, a prostitution enterprise other than a place of prostitution; (2) procures or solicits a patron for a prostitute; (3) offers, sells, advertises, promotes, or facilitates travel that includes a commercial sexual act as enticement for the travel; or (4) under circumstances not proscribed under AS 11.66.110 , induces or causes another person to engage in a commercial sexual act. (b) For purposes of this section, inducing or causing another person to engage in a commercial sexual act includes the following: (1) exposing or threatening to expose confidential information or a secret, whether true or false, that would subject a person to hatred, contempt, or ridicule; (2) destroying, concealing, or threatening to destroy or conceal an actual or purported passport or immigration document or another actual or purported identification document of any person; (3) threatening to report a person to a government agency for the purpose of arrest or deportation; (4) threatening to collect a debt; (5) instilling in a person a fear that lodging, food, clothing, or medication will be withheld from any person; (6) providing a controlled substance to or withholding a controlled substance from the other person; or (7) engaging in deception. (c) Sex trafficking in the second degree is a class B felony. Sec. 11.66.130. Sex trafficking in the third degree. (a) A person commits the crime of sex trafficking in the third degree if the person (1) receives compensation for prostitution services rendered by another; and (2) with the intent to promote prostitution, (A) manages, supervises, controls, or owns, either alone or in association with others, a place of prostitution; (B) as other than a patron of a prostitute, induces or causes another person who is 20 years of age or older to engage in prostitution; (C) receives or agrees to receive money or other property under an agreement or understanding that the money or other property is derived from prostitution; or (D) engages in conduct that institutes, aids, or facilitates a prostitution enterprise. (b) [Repealed, § 72, ch 1 4SSLA 2017.] (c) Sex trafficking in the third degree is a class C felony. Sec. 11.66.135. Sex trafficking in the fourth degree. (a) A person commits the crime of sex trafficking in the fourth degree if the person (1) receives compensation for prostitution services rendered by another; and (2) engages in conduct that institutes, aids, or facilitates prostitution under circumstances not proscribed under AS 11.66.130 (a)(2)(D). (b) [Repealed, § 72 ch 1 4SSLA 2017.] (c) Sex trafficking in the fourth degree is a class A misdemeanor. Sec. 11.66.137. Patron of a victim of sex trafficking. (a) A person commits the crime of patron of a victim of sex trafficking if the person solicits a commercial sexual act (1) with reckless disregard that the person engaging in the sexual act is a victim of sex trafficking; or (2) from a person who is under 18 years of age. (b) In a prosecution under (a)(2) of this section, it is an affirmative defense that, at the time of the alleged offense, the defendant (1) reasonably believed the person to be 18 years of age or older; and (2) undertook reasonable measures to verify that the person was 18 years of age or older. (c) Patron of a victim of sex trafficking is a (1) class B felony if the person violates (a)(2) of this section; (2) class C felony if the person violates (a)(1) of this section. Sec. 11.66.140. Corroboration of certain testimony not required. In a prosecution under AS 11.66.110 — 11.66.135, it is not necessary that the testimony of the person whose prostitution is alleged to have been compelled or promoted be corroborated by the testimony of any other witness or by documentary or other types of evidence. Sec. 11.66.145. Forfeiture. Property used to institute, aid, or facilitate, or received or derived from, a violation of AS 11.66.110 — 11.66.137 may be forfeited at sentencing. Sec. 11.66.150. Definitions. In AS 11.66.100 — 11.66.150, unless the context requires otherwise, (1) “compensation” does not include any payment for reasonably apportioned shared expenses; (2) “place of prostitution” means any place where a person engages in sexual conduct in return for a fee; (3) “prostitution enterprise” means an arrangement in which two or more persons are organized to render sexual conduct in return for a fee; (4) “sexual conduct” means genital or anal intercourse, cunnilingus, fellatio, or masturbation of one person by another person. Article 2. Gambling Offenses. Sec. 11.66.200. Gambling. (a) A person commits the offense of gambling if the person engages in unlawful gambling. (b) It is an affirmative defense to a prosecution under this section that the defendant was a player in a social game. (c) Gambling is a violation (1) for the first offense; (2) punishable by a fine of not more than $1,000 for the second and each subsequent offense. Sec. 11.66.210. Promoting gambling in the first degree. (a) A person commits the crime of promoting gambling in the first degree if the person promotes or profits from an unlawful gambling enterprise. (b) Promoting gambling in the first degree is a class C felony. Sec. 11.66.220. Promoting gambling in the second degree. (a) A person commits the crime of promoting gambling in the second degree if the person promotes or profits from unlawful gambling. (b) Promoting gambling in the second degree is a class A misdemeanor. Sec. 11.66.230. Possession of gambling records in the first degree. (a) A person commits the crime of possession of gambling records in the first degree if, with knowledge of its contents or character, the person possesses a gambling record used or intended to be used in the operation or promotion of an unlawful gambling enterprise. (b) Possession of gambling records in the first degree is a class C felony. Sec. 11.66.240. Possession of gambling records in the second degree. (a) A person commits the crime of possession of gambling records in the second degree if, with knowledge of its contents or character, the person possesses a gambling record. (b) Possession of gambling records in the second degree is a class A misdemeanor. Sec. 11.66.250. Affirmative defenses. (a) It is an affirmative defense in a prosecution under AS 11.66.230 that the gambling record was possessed by the defendant solely as a player. (b) It is an affirmative defense in a prosecution under AS 11.66.230 or 11.66.240 that the gambling record (1) was not used or intended to be used by the defendant in the operation or promotion of unlawful gambling; (2) was used or intended to be used by the defendant in a social game. Sec. 11.66.260. Possession of a gambling device. (a) A person commits the offense of possession of a gambling device if, with knowledge of the character of the device, the person manufactures, sells, transports, places, or possesses, or conducts or negotiates a transaction affecting or designed to affect ownership, custody, or use of, a gambling device knowing that the device is used or is to be used in unlawful gambling. (b) It is an affirmative defense in a prosecution under this section that the gambling device possessed by the defendant was used or intended to be used only in a social game. (c) Possession of a gambling device is a class A misdemeanor. Sec. 11.66.270. Forfeiture. If used in violation of AS 11.66.200 — 11.66.280, the following property shall be forfeited: (1) a gambling device or gambling record; (2) money, not found on the person, used as a bet or stake; (3) money used as a bet or stake which is found on the person of one who conducts, finances, manages, supervises, directs, or owns all or part of an unlawful gambling enterprise. Sec. 11.66.280. Definitions. In AS 11.66.200 — 11.66.280, unless the context requires otherwise, (1) "amusement device" includes arcade-style games, pinball machines, countertop machines, novelty arcade games, sports-themed games, shuffleboard tables, claw machines, pool tables, shooting galleries, bowling, and a similar machine, device, or apparatus that provides amusement, diversion, or entertainment; "amusement device" does not include casino-style games, draw games, slot machines, roulette wheels, craps, video poker, or any other game that is a contest of chance. (2) “contest of chance” means a contest, game, gaming scheme, or gaming device in which the outcome depends in a material degree upon an element of chance, notwithstanding that the skill of the contestants may also be a factor; (3) “gambling” means that a person stakes or risks something of value upon the outcome of a contest of chance or a future contingent event not under the person's control or influence, upon an agreement or understanding that that person or someone else will receive something of value in the event of a certain outcome; “gambling” does not include (A) bona fide business transactions valid under the law of contracts for the purchase or sale at a future date of securities or commodities and agreements to compensate for loss caused by the happening of chance, including contracts of indemnity or guaranty and life, health, or accident insurance; (B) playing an amusement device that (i) confers only an immediate right of replay not exchangeable for something of value other than the privilege of immediate replay and does not contain a method or device by which the privilege of immediate replay may be cancelled or revoked; (ii) confers only tickets, credits, allowances, tokens, or anything of value that can be redeemed for toys, candy, or electronic novelties offered at the same facility where the amusement device is located; or (iii) allows a player to manipulate a claw machine or similar device within an enclosure and enables a person to receive merchandise directly from the machine; (C) an activity authorized by the Department of Revenue under AS 05.15 ; or (D) the permanent fund dividend raffle authorized under AS 43.23.230 ; (4) “gambling device” means any device, machine, paraphernalia, or equipment that is used or usable in the playing phases of unlawful gambling, whether it consists of gambling between persons or gambling by a person involving the playing of a machine; “gambling device” does not include (A) lottery tickets, policy slips, or other items used in the playing phases of lottery or policy schemes; or (B) an amusement device; (5) “gambling enterprise” means a gambling business that (A) includes five or more persons who conduct, finance, manage, supervise, direct, or own all or part of the business; (B) has been or remains in substantially continuous operation for a period in excess of 30 days or has a gross income of $2,000 or more in any single day; and (C) is not a municipality or a qualified organization under AS 05.15.690 , except that, for purposes of this paragraph, no application for a license under AS 05.15 is required to be considered a qualified organization; (6) “gambling record” means any writing or paper of a kind commonly used in the operation or promotion of unlawful gambling and includes lottery tickets, policy slips, or other writings or papers used in the playing phases of lottery or policy schemes; (7) “player” means a person who engages in gambling solely as a contestant or bettor, believing that the risk of losing and the chances of winning are the same for all participants except for the advantages of skill and luck, without receiving or becoming entitled to receive any profit from gambling other than personal gambling winnings and without otherwise rendering any material assistance to the establishment, conduct, or operation of the particular gambling activity, except that, for purposes of this paragraph, a person who gambles at a social game on equal terms with the other participants does not “otherwise render material assistance” to the establishment, conduct, or operation by performing, without fee or remuneration, acts directed towards the arrangement or facilitation of the game, such as inviting persons to play, permitting the use of premises for the game, or supplying cards or other equipment used in the game; (8) “profits from gambling” means that a person, acting other than as a player, accepts or receives money or other property under an agreement or understanding with another person by which the person participates or is to participate in the proceeds of gambling; (9) “promoting gambling” means that a person, acting other than as a player, engages in conduct that materially aids any form of gambling; conduct of this nature includes (A) conduct directed toward the (i) creation or establishment of the particular gambling activity or acquisition or maintenance of premises, paraphernalia, equipment, or apparatus used in the gambling; (ii) conduct of the playing phases of gambling; or (iii) arrangement of the financial or recording phase of gambling or toward any other phase of its operation; or (B) having control or right of control over premises that are used with the defendant's knowledge for purposes of gambling and permitting the gambling to occur or continue without making an effort to prevent its occurrence or continuation; (10) “social game” means gambling in a home where no house player, house bank, or house odds exist and where there is no house income from the operation of the game; (11) “something of value” means any money or property; any token, object, or article exchangeable for money or property; and any form of credit or promise directly or indirectly contemplating transfer of money or property or of an interest in money or property or involving extension of a service, entertainment, or privilege of playing at a game or scheme without charge; (12) “unlawful” means not specifically authorized by law. Article 3. Adult Entertainment Business. Sec. 11.66.300. Prohibiting minors from being present at an adult entertainment business. (a) The owner or an agent or employee of the owner of a business that offers adult entertainment may not with criminal negligence allow a person under the age of 18 years to enter and remain within premises where adult entertainment is offered. (b) In this section, “business that offers adult entertainment” has the meaning given in AS 23.10.350 (f). (c) A person who violates this section is guilty of a class A misdemeanor. Each violation is a separate offense.