AS Title 11, Chapter 41: Offenses Against the Person

Chapter 41. Offenses Against the Person. Article 1. Homicide. Sec. 11.41.100. Murder in the first degree. (a) A person commits the crime of murder in the first degree if (1) with intent to cause the death of another person, the person (A) causes the death of any person; or (B) compels or induces any person to commit suicide through duress or deception; (2) the person knowingly engages in conduct directed toward a child under the age of 16 and the person with criminal negligence inflicts serious physical injury on the child by at least two separate acts, and one of the acts results in the death of the child; (3) acting alone or with one or more persons, the person commits or attempts to commit a sexual offense against or kidnapping of a child under 16 years of age and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of the child; in this paragraph, “sexual offense” means an offense defined in AS 11.41.410 — 11.41.470; (4) acting alone or with one or more persons, the person commits or attempts to commit criminal mischief in the first degree under AS 11.46.475 and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of a person other than one of the participants; or (5) acting alone or with one or more persons, the person commits terroristic threatening in the first degree under AS 11.56.807 and, in the course of or in furtherance of the offense or in immediate flight from that offense, any person causes the death of a person other than one of the participants. (b) Murder in the first degree is an unclassified felony and is punishable as provided in AS 12.55 . Sec. 11.41.110. Murder in the second degree. (a) A person commits the crime of murder in the second degree if (1) with intent to cause serious physical injury to another person or knowing that the conduct is substantially certain to cause death or serious physical injury to another person, the person causes the death of any person; (2) the person knowingly engages in conduct that results in the death of another person under circumstances manifesting an extreme indifference to the value of human life; (3) under circumstances not amounting to murder in the first degree under AS 11.41.100 (a)(3), while acting either alone or with one or more persons, the person commits or attempts to commit arson in the first degree, kidnapping, sexual assault in the first degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, sexual abuse of a minor in the second degree, burglary in the first degree, escape in the first or second degree, robbery in any degree, or misconduct involving a controlled substance under AS 11.71.010 (a), 11.71.021(a), 11.71.030(a)(2) or (9), or 11.71.040(a)(1) or (2) and, in the course of or in furtherance of that crime or in immediate flight from that crime, any person causes the death of a person other than one of the participants; (4) acting with a criminal street gang, the person commits or attempts to commit a crime that is a felony and, in the course of or in furtherance of that crime or in immediate flight from that crime, any person causes the death of a person other than one of the participants; (5) the person with criminal negligence causes the death of a child under the age of 16, and the person has been previously convicted of a crime involving a child under the age of 16 that was (A) a felony violation of AS 11.41 ; (B) in violation of a law or ordinance in another jurisdiction with elements similar to a felony under AS 11.41 ; or (C) an attempt, a solicitation, or a conspiracy to commit a crime listed in (A) or (B) of this paragraph; or (6) the person knowingly manufactures or delivers a controlled substance in violation of AS 11.71.010 or 11.71.021, and another person dies as a direct result of ingestion of the controlled substance; the death is a result that does not require a culpable mental state. (b) In a prosecution for murder in the second degree under (a)(6) of this section, it is an affirmative defense that reduces the crime to a class A felony that, at the time of the offense, (1) the defendant sought, in good faith, medical or law enforcement assistance for the other person; (2) the defendant remained at the scene with the other person until medical or law enforcement assistance arrived; (3) the defendant cooperated with medical or law enforcement personnel, including by providing identification; and (4) the offense involved small quantities of a controlled substance that were not delivered for a profit. (c) Except as provided in (c) of this section, murder in the second degree is an unclassified felony and is punishable as provided in AS 12.55 . Sec. 11.41.115. Defenses to murder. (a) In a prosecution under AS 11.41.100 (a)(1)(A) or 11.41.110(a)(1), it is a defense that the defendant acted in a heat of passion, before there had been a reasonable opportunity for the passion to cool, when the heat of passion resulted from a serious provocation by the intended victim. (b) In a prosecution under AS 11.41.110 (a)(3), it is an affirmative defense that the defendant (1) did not commit the homicidal act or in any way solicit or aid in its commission; (2) was not armed with a dangerous instrument; (3) had no reasonable ground to believe that another participant, if any, was armed with a dangerous instrument; and (4) had no reasonable ground to believe that another participant, if any, intended to engage in conduct likely to result in death or serious physical injury. (c) A person may not be convicted of murder in the second degree under AS 11.41.110 (a)(3) if the only underlying crime is burglary, the sole purpose of the burglary is a criminal homicide, and the person killed is the intended victim of the defendant. However, if the defendant causes the death of any other person, the defendant may be convicted of murder in the second degree under AS 11.41.110 (a)(3). Nothing in this subsection precludes a prosecution for or conviction of murder in the first degree or murder in the second degree under AS 11.41.110 (a)(1) or (2) or of any other crime, including manslaughter or burglary. (d) [Repealed, § 44 ch 102 SLA 1980.] (e) Nothing in (a) or (b) of this section precludes a prosecution for or conviction of manslaughter or any other crime not specifically precluded. (f) In this section, (1) “intended victim” means a person whom the defendant was attempting to kill or to whom the defendant was attempting to cause serious physical injury when the defendant caused the death of the person the defendant is charged with killing; (2) “serious provocation” means conduct which is sufficient to excite an intense passion in a reasonable person in the defendant's situation, other than a person who is intoxicated, under the circumstances as the defendant reasonably believed them to be; insulting words, insulting gestures, or hearsay reports of conduct engaged in by the intended victim do not, alone or in combination with each other, constitute serious provocation. Sec. 11.41.120. Manslaughter. (a) A person commits the crime of manslaughter if the person (1) intentionally, knowingly, or recklessly causes the death of another person under circumstances not amounting to murder in the first or second degree; (2) intentionally aids another person to commit suicide; or (3) knowingly manufactures or delivers a controlled substance in violation of AS 11.71.030 or 11.71.040(a)(1) for schedule IVA controlled substances, and another person dies as a direct result of ingestion of the controlled substance; the death is a result that does not require a culpable mental state. (b) Manslaughter is a class A felony. Sec. 11.41.130. Criminally negligent homicide. (a) A person commits the crime of criminally negligent homicide if, with criminal negligence, the person causes the death of another person. (b) Criminally negligent homicide is a class B felony. Sec. 11.41.135. Multiple deaths. If more than one person dies as a result of a person committing conduct constituting a crime specified in AS 11.41.100 — 11.41.130, each death constitutes a separately punishable offense. Sec. 11.41.140. Definitions. In AS 11.41.100 — 11.41.140, (1) “ingestion” means voluntarily or involuntarily taking a substance into the body in any manner; (2) “person” means, when referring to the victim of a crime, a human being who has been born and was alive at the time of the criminal act; a person is “alive” if there is spontaneous respiratory or cardiac function or, when respiratory and cardiac functions are maintained by artificial means, there is spontaneous brain function. Sec. 11.41.150. Murder of an unborn child. (a) A person commits the crime of murder of an unborn child if the person (1) with intent to cause the death of an unborn child or of another person, causes the death of an unborn child; (2) with intent to cause serious physical injury to an unborn child or to another person or knowing that the conduct is substantially certain to cause death or serious physical injury to an unborn child or to another person, causes the death of an unborn child; (3) while acting alone or with one or more persons, commits or attempts to commit arson in the first degree, kidnapping, sexual assault in the first degree, sexual assault in the second degree, sexual abuse of a minor in the first degree, sexual abuse of a minor in the second degree, burglary in the first degree, escape in the first or second degree, robbery in any degree, or misconduct involving a controlled substance under AS 11.71.010 (a), 11.71.021(a), 11.71.030(a)(2) or (9), or 11.71.040(a)(1) or (2), and, in the course of or in furtherance of that crime or in immediate flight from that crime, any person causes the death of an unborn child; (4) knowingly engages in conduct that results in the death of an unborn child under circumstances manifesting an extreme indifference to the value of human life; for purposes of this paragraph, a pregnant woman's decision to remain in a relationship in which domestic violence, as defined in AS 18.66.990 , has occurred does not constitute conduct manifesting an extreme indifference to the value of human life. (b) A person may not be convicted under (a)(3) of this section if the only underlying crime is burglary, the sole purpose of the burglary is a criminal homicide, and the unborn child killed is the intended victim of the defendant. However, if the defendant causes the death of another unborn child, the defendant may be convicted under (a)(3) of this section. Nothing in this subsection precludes a prosecution for or conviction of murder in the first degree or murder in the second degree, murder of an unborn child under AS 11.41.150 (a)(1), (2), or (4), or any other crime. (c) Murder of an unborn child is an unclassified felony. Sec. 11.41.160. Manslaughter of an unborn child. (a) A person commits the crime of manslaughter of an unborn child if, under circumstances not amounting to murder of an unborn child, the person intentionally, knowingly, or recklessly causes the death of an unborn child. (b) Manslaughter of an unborn child is a class A felony. Sec. 11.41.170. Criminally negligent homicide of an unborn child. (a) A person commits the crime of criminally negligent homicide of an unborn child if, with criminal negligence, the person causes the death of an unborn child. (b) Criminally negligent homicide of an unborn child is a class B felony. Sec. 11.41.180. Applicability of AS 11.41.150 — 11.41.170. AS 11.41.150 — 11.41.170 do not apply to acts that (1) cause the death of an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented or a person authorized by law to act on her behalf consented, or for which such consent is implied by law; (2) are committed under usual and customary standards of medical practice during diagnostic testing, therapeutic treatment, or to assist a pregnancy; or (3) are committed by a pregnant woman against herself and her own unborn child. Article 2. Assault and Reckless Endangerment. Sec. 11.41.200. Assault in the first degree. (a) A person commits the crime of assault in the first degree if (1) that person recklessly causes serious physical injury to another by means of a dangerous instrument; (2) with intent to cause serious physical injury to another, the person causes serious physical injury to any person; (3) the person knowingly engages in conduct that results in serious physical injury to another under circumstances manifesting extreme indifference to the value of human life; (4) that person recklessly causes serious physical injury to another by repeated assaults using a dangerous instrument, even if each assault individually does not cause serious physical injury; or (5) that person knowingly causes another to become unconscious by means of a dangerous instrument; in this paragraph, “dangerous instrument” has the meaning given in AS 11.81.900 (b)(16)(B) . (b) Assault in the first degree is a class A felony. Sec. 11.41.210. Assault in the second degree. (a) A person commits the crime of assault in the second degree if (1) with intent to cause physical injury to another person, that person causes physical injury to another person by means of a dangerous instrument; (2) that person recklessly causes serious physical injury to another person; or (3) that person recklessly causes serious physical injury to another by repeated assaults, even if each assault individually does not cause serious physical injury. (b) Assault in the second degree is a class B felony. Sec. 11.41.220. Assault in the third degree. (a) A person commits the crime of assault in the third degree if that person (1) recklessly (A) places another person in fear of imminent serious physical injury by means of a dangerous instrument; (B) causes physical injury to another person by means of a dangerous instrument; or (C) while being 18 years of age or older, (i) causes physical injury to a child under 12 years of age and the injury would cause a reasonable caregiver to seek medical attention from a health care professional in the form of diagnosis or treatment; (ii) causes physical injury to a child under 12 years of age on more than one occasion; (2) with intent to place another person in fear of death or serious physical injury to the person or the person's family member, makes repeated threats to cause death or serious physical injury to another person; (3) while being 18 years of age or older, knowingly causes physical injury to a child under 16 years of age but at least 12 years of age and the injury reasonably requires medical treatment; (4) with criminal negligence, causes serious physical injury under AS 11.81.900 (b)(60)(B) to another person by means of a dangerous instrument; or (5) commits a crime that is a violation of AS 11.41.230 (a)(1) or (2) and, within the preceding 10 years, the person was convicted on two or more separate occasions of crimes under (A) AS 11.41.100 — 11.41.170; (B) AS 11.41.200 — 11.41.220, 11.41.230(a)(1) or (2), 11.41.280, or 11.41.282; (C) AS 11.41.260 or 11.41.270; (D) AS 11.41.410 , 11.41.420, or 11.41.425(a)(1); or (E) a law or ordinance of this or another jurisdiction with elements similar to those of an offense described in (A) — (D) of this paragraph. (b) In a prosecution under (a)(3) of this section, it is an affirmative defense that, at the time of the alleged offense, the defendant reasonably believed the victim to be 16 years of age or older, unless the victim was under 13 years of age at the time of the alleged offense. (c) In (a)(5) of this section, when considering whether a conviction has occurred in the preceding 10 years, the date that sentence is imposed is the date that a previous conviction has occurred. (d) In this section, “the person's family member” means (1) a spouse, child, grandchild, parent, grandparent, sibling, uncle, aunt, nephew, or niece, of the person, whether related by blood, marriage, or adoption; (2) a person who lives or has lived, in a spousal relationship with the person; (3) a person who lives in the same household as the person; or (4) a person who is a former spouse of the person or is or has been in a dating, courtship, or engagement relationship with the person. (e) Assault in the third degree is a class C felony. Sec. 11.41.230. Assault in the fourth degree. (a) A person commits the crime of assault in the fourth degree if (1) that person recklessly causes physical injury to another person; (2) with criminal negligence that person causes physical injury to another person by means of a dangerous instrument; or (3) by words or other conduct that person recklessly places another person in fear of imminent physical injury. (b) Assault in the fourth degree is a class A misdemeanor. Sec. 11.41.240. Assault in the presence of a child. (a) A person commits the crime of assault in the presence of a child if the person commits an assault under AS 11.41.200 — 11.41.230 and the assault is a crime involving domestic violence, as defined in AS 18.66.990 , or commits a sexual assault under AS 11.41.410 — 11.41.427 with reckless disregard that, at the time of the assault, a child under 16 years of age is present in the dwelling, vehicle, or location where the assault occurs. (b) In this section, (1) “dwelling” does not include another unit in multi-unit housing; (2) “present” means physically present or within hearing of the assault. (c) Assault in the presence of a child is a class A misdemeanor. Sec. 11.41.250. Reckless endangerment. (a) A person commits the crime of reckless endangerment if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person. (b) Reckless endangerment is a class A misdemeanor. Sec. 11.41.255. Definition of serious physical injury for offenses against children under 12 under AS 11.41.200 — 11.41.250. Notwithstanding the definition of “serious physical injury” in AS 11.81.900 (b), for the purpose of an offense against a child under 12 years of age under AS 11.41.200 — 11.41.250, unless the context requires otherwise, “serious physical injury” means (1) physical injury caused by an act performed under circumstances that create a substantial risk of death; or (2) physical injury that terminates a pregnancy or causes (A) serious disfigurement; (B) serious impairment of health by extensive bruising or other injury that would cause a reasonable person to seek medical attention for the child from a health care professional in the form of diagnosis or treatment; (C) serious impediment of blood circulation or breathing; or (D) protracted loss or impairment of the function of a body member or organ. Sec. 11.41.260. Stalking in the first degree. (a) A person commits the crime of stalking in the first degree if the person violates AS 11.41.270 and (1) the actions constituting the offense are in violation of an order issued or filed under AS 18.65.850 — 18.65.870 or AS 18.66.100 — 18.66.180 or issued under former AS 25.35.010 (b) or 25.35.020; (2) the actions constituting the offense are in violation of a condition of probation, release before trial, release after conviction, or parole; (3) the victim is under 16 years of age; (4) at any time during the course of conduct constituting the offense, the defendant possessed a deadly weapon; (5) the defendant has been previously convicted of a crime under this section, AS 11.41.270 , or AS 11.56.740 , or a law or ordinance of this or another jurisdiction with elements similar to a crime under this section, AS 11.41.270 , or AS 11.56.740 ; or (6) the defendant has been previously convicted of a crime, or an attempt or solicitation to commit a crime, under (A) AS 11.41.100 — 11.41.250, 11.41.300 — 11.41.460, AS 11.56.807 , 11.56.810, AS 11.61.118 , 11.61.120, or (B) a law or an ordinance of this or another jurisdiction with elements similar to a crime, or an attempt or solicitation to commit a crime, under AS 11.41.100 — 11.41.250, 11.41.300 — 11.41.460, AS 11.56.807 , 11.56.810, AS 11.61.118 , or 11.61.120, involving the same victim as the present offense. (b) In this section, “course of conduct” and “victim” have the meanings given in AS 11.41.270 (b). (c) Stalking in the first degree is a class C felony. Sec. 11.41.270. Stalking in the second degree. (a) A person commits the crime of stalking in the second degree if the person knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family member. (b) In this section, (1) “course of conduct” means repeated acts of nonconsensual contact involving the victim or a family member; (2) “device” includes software; (3) “family member” means a (A) spouse, child, grandchild, parent, grandparent, sibling, uncle, aunt, nephew, or niece, of the victim, whether related by blood, marriage, or adoption; (B) person who lives, or has previously lived, in a spousal relationship with the victim; (C) person who lives in the same household as the victim; or (D) person who is a former spouse of the victim or is or has been in a dating, courtship, or engagement relationship with the victim; (4) “nonconsensual contact” means any contact with another person that is initiated or continued without that person's consent, that is beyond the scope of the consent provided by that person, or that is in disregard of that person's expressed desire that the contact be avoided or discontinued; “nonconsensual contact” includes (A) following or appearing within the sight of that person; (B) approaching or confronting that person in a public place or on private property; (C) appearing at the workplace or residence of that person; (D) entering onto or remaining on property owned, leased, or occupied by that person; (E) contacting that person by telephone; (F) sending mail or electronic communications to that person; (G) placing an object on, or delivering an object to, property owned, leased, or occupied by that person; (H) following or monitoring that person with a global positioning device or similar technological means; (I) using, installing, or attempting to use or install a device for observing, recording, or photographing events occurring in the residence, vehicle, or workplace used by that person, or on the personal telephone or computer used by that person; (5) “victim” means a person who is the target of a course of conduct. (c) Stalking in the second degree is a class A misdemeanor. Sec. 11.41.280. Assault of an unborn child in the first degree. (a) A person commits the crime of assault of an unborn child in the first degree if (1) that person recklessly causes serious physical injury to an unborn child by means of a dangerous instrument; (2) with intent to cause serious physical injury to an unborn child or to another person, that person causes serious physical injury to an unborn child; (3) that person knowingly engages in conduct that results in serious physical injury to an unborn child under circumstances manifesting extreme indifference to the value of human life; for purposes of this paragraph, a pregnant woman's decision to remain in a relationship in which domestic violence, as defined in AS 18.66.990 , has occurred does not constitute conduct manifesting an extreme indifference to the value of human life; or (4) that person recklessly causes serious physical injury to an unborn child by repeated assaults using a dangerous instrument, even if each assault individually does not cause serious physical injury. (b) Assault of an unborn child in the first degree is a class A felony. Sec. 11.41.282. Assault of an unborn child in the second degree. (a) A person commits the crime of assault of an unborn child in the second degree if (1) with intent to cause physical injury to an unborn child or to another person, that person causes serious physical injury to an unborn child; (2) that person recklessly causes serious physical injury to an unborn child; or (3) that person recklessly causes serious physical injury to an unborn child by repeated assaults, even if each assault individually does not cause serious physical injury. (b) Assault of an unborn child in the second degree is a class B felony. Sec. 11.41.289. Applicability of AS 11.41.280 and 11.41.282. AS 11.41.280 and 11.41.282 do not apply to acts that (1) cause serious physical injury or physical injury to an unborn child if those acts were committed during a legal abortion to which the pregnant woman consented or a person authorized by law to act on her behalf consented, or for which consent is implied by law; (2) are committed under usual and customary standards of medical practice during diagnostic testing, therapeutic treatment, or to assist a pregnancy; or (3) are committed by a pregnant woman against herself and her own unborn child. Article 3. Kidnapping, Custodial Interference, and Human Trafficking. Sec. 11.41.300. Kidnapping. (a) A person commits the crime of kidnapping if (1) the person restrains another with intent to (A) hold the restrained person for ransom, reward, or other payment; (B) use the restrained person as a shield or hostage; (C) inflict physical injury upon or sexually assault the restrained person or place the restrained person or a third person in apprehension that any person will be subjected to serious physical injury or sexual assault; (D) interfere with the performance of a governmental or political function; (E) facilitate the commission of a felony or flight after commission of a felony; (F) commit an offense in violation of AS 11.41.434 — 11.41.438 upon the restrained person or place the restrained person or a third person in apprehension that a person will be subject to an offense in violation of AS 11.41.434 — 11.41.438; or (2) the person restrains another (A) by secreting and holding the restrained person in a place where the restrained person is not likely to be found; or (B) under circumstances which expose the restrained person to a substantial risk of serious physical injury. (b) In a prosecution under (a)(2)(A) of this section, it is an affirmative defense that (1) the defendant was a relative of the victim; (2) the victim was a child under 18 years of age or an incompetent person; and (3) the primary intent of the defendant was to assume custody of the victim. (c) Except as provided in (d) of this section, kidnapping is an unclassified felony and is punishable as provided in AS 12.55 . (d) In a prosecution for kidnapping, it is an affirmative defense which reduces the crime to a class A felony that the defendant voluntarily caused the release of the victim alive in a safe place before arrest, or within 24 hours after arrest, without having caused serious physical injury to the victim and without having engaged in conduct described in AS 11.41.410 (a), 11.41.420, 11.41.434, or 11.41.436. Sec. 11.41.320. Custodial interference in the first degree. (a) A person commits the crime of custodial interference in the first degree if the person violates AS 11.41.330 (a)(1) and causes the child or incompetent person to be (1) removed from the state; or (2) kept outside the state. (b) Custodial interference in the first degree is a class C felony. Sec. 11.41.330. Custodial interference in the second degree. (a) A person commits the crime of custodial interference in the second degree if (1) being a relative of a child under 18 years of age or a relative of an incompetent person and knowing that the person has no legal right to do so, the person takes, entices, or keeps that child or incompetent person from a lawful custodian with intent to hold the child or incompetent person for a protracted period; or (2) not being a relative of a child under 18 years of age or a relative of an incompetent person, knowing that the person has no right to do so and with the intent to take or keep the child or incompetent person, the person represents to the lawful custodian that the person has a right to take or keep the child or incompetent person. (b) The affirmative defense of necessity under AS 11.81.320 does not apply to a prosecution for custodial interference under (a)(1) of this section if the protracted period for which the person held the child or incompetent person exceeded the shorter of the following: (1) 24 hours; or (2) the time necessary to report to a peace officer or social service agency that the child or incompetent person has been abused, neglected, or is in imminent physical danger. (c) Custodial interference in the second degree is a class A misdemeanor. Sec. 11.41.360. Human trafficking in the first degree. (a) A person commits the crime of human trafficking in the first degree if the person compels or induces another person to engage in sexual conduct, adult entertainment, or labor in the state by force or threat of force against any person, or by deception. (b) In this section, (1) “adult entertainment” means the conduct described in AS 23.10.350 (f)(1) — (3); (2) “deception” has the meaning given in AS 11.46.180 ; (3) “sexual conduct” has the meaning given in AS 11.66.150 . (c) Human trafficking in the first degree is a class A felony. Sec. 11.41.365. Human trafficking in the second degree. (a) A person commits the crime of human trafficking in the second degree if, under circumstances not proscribed under AS 11.66.100 — 11.66.150, the person intentionally induces or causes another person to engage in adult entertainment or labor by (1) exposing or threatening to expose confidential information or a secret, whether true or false, tending to 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. (b) Human trafficking in the second degree is a class B felony. Sec. 11.41.370. Definitions. In AS 11.41.300 — 11.41.370, unless the context requires otherwise, (1) “lawful custodian” means a parent, guardian, or other person responsible by authority of law for the care, custody, or control of another; (2) “relative” means a parent, stepparent, ancestor, descendant, sibling, uncle, or aunt, including a relative of the same degree through marriage or adoption; (3) “restrain” means to restrict a person's movements unlawfully and without consent, so as to interfere substantially with the person's liberty by moving the person from one place to another or by confining the person either in the place where the restriction commences or in a place to which the person has been moved; a restraint is “without consent” if it is accomplished (A) by acquiescence of the restrained person, if the restrained person is under 16 years of age or is incompetent and the restrained person's lawful custodian has not acquiesced in the movement or confinement; or (B) by force, threat, or deception. Article 4. Sexual Offenses. Sec. 11.41.410. Sexual assault in the first degree. (a) An offender commits the crime of sexual assault in the first degree if (1) the offender engages in sexual penetration with another person (A) without consent of that person by (i) the use of force or the express or implied threat of force against any person or property; or (ii) causing the person to become incapacitated; (B) by impersonating someone known to the person for the purpose of obtaining consent; (2) the offender attempts to engage in sexual penetration with another person without consent of that person and causes serious physical injury to that person; (3) the offender engages in sexual penetration with another person (A) who the offender knows is mentally incapable; and (B) who is in the offender's care (i) by authority of law; or (ii) in a facility or program that is required by law to be licensed by the state; or (4) the offender engages in sexual penetration with a person who the offender knows is unaware that a sexual act is being committed and (A) the offender is a health care worker; and (B) the offense takes place during the course of professional treatment of the victim. (b) Sexual assault in the first degree is punishable as provided in AS 12.55 and is (1) an unclassified felony if the offender violates (a)(1)(A), (2), (3), or (4) of this section; (2) a class A felony if the offender violates (a)(1)(B) of this section. Sec. 11.41.420. Sexual assault in the second degree. (a) An offender commits the crime of sexual assault in the second degree if (1) the offender engages in sexual contact with another person (A) without consent of that person by (i) the use of force or the express or implied threat of force against any person or property; or (ii) causing the person to become incapacitated; (B) by impersonating someone known to the person for the purpose of obtaining consent; (2) the offender engages in sexual contact with a person (A) who the offender knows is mentally incapable; and (B) who is in the offender's care (i) by authority of law; or (ii) in a facility or program that is required by law to be licensed by the state; (3) the offender engages in sexual penetration with a person who is (A) mentally incapable; (B) incapacitated; or (C) unaware that a sexual act is being committed; (4) the offender engages in sexual contact with a person who the offender knows is unaware that a sexual act is being committed and (A) the offender is a health care worker; and (B) the offense takes place during the course of professional treatment of the victim; or (5) under circumstances not proscribed under AS 11.41.410 , the offender engages in sexual penetration with another person without consent of that person. (b) Sexual assault in the second degree is a class B felony. Sec. 11.41.425. Sexual assault in the third degree. (a) An offender commits the crime of sexual assault in the third degree if the offender (1) engages in sexual contact with a person who is (A) mentally incapable; (B) incapacitated; or (C) unaware that a sexual act is being committed; (2) while employed in a state correctional facility or other placement designated by the commissioner of corrections for the custody and care of prisoners, engages in sexual penetration with a person who the offender knows is committed to the custody of the Department of Corrections to serve a term of imprisonment or period of temporary commitment; (3) engages in sexual penetration with a person 18 or 19 years of age who the offender knows is committed to the custody of the Department of Family and Community Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of the person; (4) while employed in the state by a law enforcement agency as a peace officer, or while acting as a peace officer in the state, engages in sexual penetration with a person with reckless disregard that the person is in the custody or the apparent custody of the offender, or is committed to the custody of a law enforcement agency; (5) while employed by the state or a municipality of the state as a probation officer or parole officer, or while acting as a probation officer or parole officer in the state, engages in sexual penetration with a person with reckless disregard that the person is on probation or parole; (6) while employed as a juvenile probation officer or as a juvenile facility staff, engages in sexual penetration with a person 18 or 19 years of age with reckless disregard that the person is committed to the custody or probationary supervision of the Department of Family and Community Services; or (7) under circumstances not proscribed under AS 11.41.420 , the offender engages in sexual contact with another person without consent of that person; in this paragraph, “sexual contact” does not include an offender knowingly causing a person to come into contact with semen. (b) In this section, (1) “juvenile facility staff” means a person employed in a juvenile detention facility or juvenile treatment facility as those terms are defined in AS 47.12.990 ; (2) “juvenile probation officer” has the meaning given in AS 47.12.990 ; (3) “parole officer” has the meaning given in AS 18.65.290 ; (4) “peace officer” has the meaning given in AS 01.10.060 ; (5) “probation officer” includes a (A) probation officer as defined in AS 18.65.290 ; or (B) person who supervises a participant in a specialty court, including a therapeutic or wellness court addressing alcohol or drug use, a court addressing the needs of veterans, an adult or juvenile mental health court, a fetal alcohol spectrum disorder court, or a family care or preservation court. (c) Sexual assault in the third degree is a class C felony. Sec. 11.41.427. Sexual assault in the fourth degree. (a) An offender commits the crime of sexual assault in the fourth degree if (1) while employed in a state correctional facility or other placement designated by the commissioner of corrections for the custody and care of prisoners, the offender engages in sexual contact with a person who the offender knows is committed to the custody of the Department of Corrections to serve a term of imprisonment or period of temporary commitment; (2) the offender engages in sexual contact with a person 18 or 19 years of age who the offender knows is committed to the custody of the Department of Family and Community Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of the person; (3) while employed in the state by a law enforcement agency as a peace officer, or while acting as a peace officer in the state, the offender engages in sexual contact with a person with reckless disregard that the person is in the custody or the apparent custody of the offender, or is committed to the custody of a law enforcement agency; (4) while employed by the state or a municipality of the state as a probation officer or parole officer, or while acting as a probation officer or parole officer in the state, the offender engages in sexual contact with a person with reckless disregard that the person is on probation or parole; or (5) while employed as a juvenile probation officer or as a juvenile facility staff, the offender engages in sexual contact with a person 18 or 19 years of age with reckless disregard that the person is committed to the custody or probationary supervision of the Department of Family and Community Services. (b) In this section, (1) “juvenile facility staff” has the meaning given in AS 11.41.425 ; (2) “juvenile probation officer” has the meaning given in AS 47.12.990 ; (3) “parole officer” has the meaning given in AS 18.65.290 ; (4) “peace officer” has the meaning given in AS 01.10.060 ; (5) “probation officer” has the meaning given in AS 11.41.425 . (c) Sexual assault in the fourth degree is a class A misdemeanor. Sec. 11.41.430. Sexual assault in the third degree. [Repealed, § 10 ch 78 SLA 1983. For current law, see AS 11.41.425 .] Sec. 11.41.432. Defenses. (a) It is a defense to a crime charged under AS 11.41.410 (a)(3), 11.41.420(a)(2), 11.41.420(a)(3), 11.41.425, or 11.41.427 that the offender is (1) mentally incapable. (2) [Repealed, § 138 ch 4 FSSLA 2019.] (b) Except as provided in (d) or (e) of this section, in a prosecution under AS 11.41.410 — 11.41.427, it is not a defense that the victim was, at the time of the alleged offense, the legal spouse of the defendant. (c) It is an affirmative defense to a crime charged under AS 11.41.425 (a)(5) or 11.41.427(a)(4) that (1) the offender and the person on probation or parole had, before the person was placed on probation or parole, a dating relationship or a sexual relationship that continued until the date of the alleged offense; and (2) the person on probation or parole consented to the act for which the offender is charged. (d) It is a defense to a crime charged under AS 11.41.425 (a)(2) — (6) or 11.41.427 that the offender is married to the person, neither party has filed with the court for separation, divorce, or dissolution of the marriage, and the person consented to the act for which the offender was charged. (e) It is an affirmative defense for a crime charged under AS 11.41.410 (a)(3), 11.41.420(a)(2), 11.41.420(a)(3)(A), or 11.41.425(a)(1)(A) that the offender is married to the person, neither party has filed with the court for separation, divorce, or dissolution of the marriage, and the person consented to the act for which the offender is charged while capable of understanding the nature or consequences of the offender's conduct. Sec. 11.41.434. Sexual abuse of a minor in the first degree. (a) An offender commits the crime of sexual abuse of a minor in the first degree if (1) 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; (2) 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 (3) being 18 years of age or older, the offender engages in sexual penetration 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. (b) Sexual abuse of a minor in the first degree is an unclassified felony and is punishable as provided in AS 12.55 . Sec. 11.41.436. Sexual abuse of a minor in the second degree. (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 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); (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. (b) Sexual abuse of a minor in the second degree is a class B felony. Sec. 11.41.438. Sexual abuse of a minor in the third degree. (a) An offender commits the crime of sexual abuse of a minor in the third degree if being 17 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 four years younger than the offender. (b) Except as provided in (c) of this section, sexual abuse of a minor in the third degree is a class C felony, punishable as provided in AS 12.55.125 (e). (c) Sexual abuse of a minor in the third degree is a class C felony, punishable under AS 12.55.125 (i), if, at the time of the offense, the victim was at least six years younger than the offender. Sec. 11.41.440. Sexual abuse of a minor in the fourth degree. (a) An offender commits the crime of sexual abuse of a minor in the fourth degree if (1) being under 16 years of age, the offender engages in sexual contact with a person who is under 13 years of age and at least three years younger than the offender; or (2) 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. (b) Sexual abuse of a minor in the fourth degree is a class A misdemeanor. Sec. 11.41.443. Spousal relationship no defense. [Repealed, § 61 ch 50 SLA 1989. For current law, see AS 11.41.432 (b).] Sec. 11.41.445. General provisions. (a) 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. (b) In a prosecution under AS 11.41.410 — 11.41.440, whenever a provision 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 (1) reasonably believed the victim to be that age or older; and (2) undertook reasonable measures to verify that the victim was that age or older. (c) In a prosecution under AS 11.41.410 — 11.41.427, where consent is at issue, (1) an expression of lack of consent through words or conduct means there is no consent; an expression of lack of consent under this paragraph does not require verbal or physical resistance and may include inaction; (2) a current or previous dating, social, or sexual relationship between the defendant and the person involved with the defendant in the conduct at issue may not by itself constitute consent; (3) a person cannot consent if the person is fraudulently made to believe that the sexual act serves a professional purpose; in this paragraph, “professional purpose” means an act the defendant has represented as a necessary part or component of a provided service, part of the routine course of a procedure, or a component of the defendant's profession that would occur if a person sought services from another practitioner in the same field as the defendant. Sec. 11.41.450. Incest. (a) A person commits the crime of incest if, being 18 years of age or older, that person engages in sexual penetration with another who is related, either legitimately or illegitimately, as (1) an ancestor or descendant of the whole or half blood; (2) a brother or sister of the whole or half blood; or (3) an uncle, aunt, nephew, or niece by blood. (b) Incest is a class C felony. Sec. 11.41.452. Enticement of a minor. (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) — (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.

(b) In a prosecution under (a)(2) of this section, it is not a defense that the person enticed, solicited, or encouraged was not actually a child under 16 years of age. (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) — (7) was actually committed. (d) Except as provided in (e) of this section, enticement of a minor is a class B felony. (e) Enticement of a minor is a class A 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. 11.41.455. Unlawful exploitation of a minor. (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) — (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. (b) A parent, legal guardian, or person having custody or control of a child under 18 years of age commits the crime of unlawful exploitation of a minor if, in the state, the person permits the child to engage in conduct described in (a) of this section knowing that the conduct is intended to be used in 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. (c) Unlawful exploitation of a minor is (1) a class A felony; or (2) an unclassified felony if the (A) person has been previously convicted of unlawful exploitation of a minor in this jurisdiction or a similar crime in this or another jurisdiction; or (B) minor who is exploited is under 13 years of age at the time the exploitation occurs. (d) In this section, “audio recording” means a nonbook prerecorded item without a visual component, and includes a record, tape, cassette, and compact disc. Sec. 11.41.458. Indecent exposure in the first degree. (a) An offender commits the crime of indecent exposure in the first degree if the offender violates AS 11.41.460 (a) and (1) while committing the act constituting the offense, the offender knowingly masturbates; or (2) the offender has been previously convicted under (A) this section; (B) AS 11.41.460 (a); or (C) a law or ordinance of this or another jurisdiction with elements similar to a crime listed under (A) or (B) of this paragraph. (b) Indecent exposure in the first degree (1) is a class C felony; or (2) is a class B felony if the offense occurs within the observation of a person under 16 years of age. Sec. 11.41.460. Indecent exposure in the second degree. (a) An offender commits the crime of indecent exposure in the second degree if the offender knowingly exposes the offender's genitals in the presence of another person with reckless disregard for the offensive, insulting, or frightening effect the act may have. (b) Indecent exposure in the second degree before a person under 16 years of age is a class A misdemeanor. Indecent exposure in the second degree before a person 16 years of age or older is a class B misdemeanor. Sec. 11.41.468. Forfeiture of property used in sexual offense. (a) Property used to aid a violation of AS 11.41.410 — 11.41.458 or to aid the solicitation of, attempt to commit, or conspiracy to commit a violation of AS 11.41.410 — 11.41.458 may be forfeited to the state upon the conviction of the offender. (b) In this section, “property” means computer equipment, telecommunications equipment, photography equipment, video or audio equipment, books, magazines, photographs, videotapes, audiotapes, and any equipment or device, regardless of format or technology employed, that can be used to store, create, modify, receive, transmit, or distribute digital or analog information, including images, motion pictures, and sounds. Sec. 11.41.470. Definitions. For purposes of AS 11.41.410 — 11.41.470, unless the context requires otherwise, (1) “health care worker” includes a person who is or purports to be an acupuncturist, advanced practice registered nurse, anesthesiologist, certified direct-entry midwife, chiropractor, dentist, health aide, hypnotist, massage therapist, mental health counselor, midwife, nurse, occupational therapist, occupational therapy assistant, osteopath, naturopath, physical therapist, physical therapist assistant, physician, physician assistant, psychiatrist, psychological associate, psychologist, radiologist, religious healing practitioner, surgeon, x-ray technician, or a substantially similar position; (2) “incapacitated” means temporarily incapable of appraising the nature of one's own conduct or physically unable to express unwillingness to act; (3) “juvenile facility staff” has the meaning given in AS 11.41.425 (b); (4) “legal guardian” means a person who is under a duty to exercise general supervision over a minor or other person committed to the custody of the Department of Family and Community Services under AS 47.10 or AS 47.12 as a result of a court order, statute, or regulation, and includes Department of Family and Community Services employees, foster parents, and staff members and other employees of treatment institutions, group homes, or youth facilities where the minor or other person is placed as a result of a court order or the action of the Department of Family and Community Services, and police officers, juvenile and adult probation officers, and social workers when those persons are exercising custodial control over a minor or other person; (5) “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; (6) “position of authority” means one of the following, or a person in a substantially similar position: an employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, babysitter, police officer, correctional employee, juvenile facility staff, staff member of a treatment institution, or juvenile or adult probation officer other than when the officer or staff member is exercising custodial control over a minor; (7) “sexual act” means sexual penetration or sexual contact; (8) “treatment institution” has the meaning given in AS 47.14.990 ; (9) “victim” means the person alleged to have been subjected to sexual assault in any degree or sexual abuse of a minor in any degree; (10) “without consent” means that, under the totality of the circumstances surrounding the offense, there was not a freely given, reversible agreement specific to the conduct at issue; in this paragraph, “freely given” means agreement to cooperate in the act was positively expressed by word or action. Article 5. Robbery, Extortion, and Coercion. Sec. 11.41.500. Robbery in the first degree. (a) A person commits the crime of robbery in the first degree if the person violates AS 11.41.510 and, in the course of violating that section or in immediate flight thereafter, that person or another participant (1) is armed with a deadly weapon or represents by words or other conduct that either that person or another participant is so armed; (2) uses or attempts to use a dangerous instrument or a defensive weapon or represents by words or other conduct that either that person or another participant is armed with a dangerous instrument or a defensive weapon; or (3) causes or attempts to cause serious physical injury to any person. (b) Robbery in the first degree is a class A felony. Sec. 11.41.510. Robbery in the second degree. (a) A person commits the crime of robbery in the second degree if, in the course of taking or attempting to take property from the immediate presence and control of another, the person uses or threatens the immediate use of force upon any person with intent to (1) prevent or overcome resistance to the taking of the property or the retention of the property after taking; or (2) compel any person to deliver the property or engage in other conduct which might aid in the taking of the property. (b) Robbery in the second degree is a class B felony. Sec. 11.41.520. Extortion. (a) A person commits the crime of extortion if the person obtains the property of another by threatening or suggesting that either that person or another may (1) inflict physical injury on anyone, except under circumstances constituting robbery in any degree, or commit any other crime; (2) accuse anyone of a crime; (3) expose confidential information or a secret, whether true or false, tending to subject a person to hatred, contempt, or ridicule or to impair the person's credit or business repute; (4) take or withhold action as a public servant or cause a public servant to take or withhold action; (5) bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the person making the threat or suggestion purports to act; (6) testify or provide information or withhold testimony or information with respect to a person's legal claim or defense; or (7) inflict any other harm which would not benefit the person making the threat or suggestion. (b) A threat or suggestion to perform any of the acts described in (a) of this section includes an offer to protect another from any harmful act when the offeror has no apparent means to provide the protection or when the price asked for rendering the protection service is grossly disproportionate to its cost to the offeror. (c) It is a defense to a prosecution based on (a)(2), (3), or (4) of this section that the property obtained by threat of accusation, exposure, lawsuit, or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstances to which the accusation, exposure, lawsuit, or other official action relates, or as compensation for property or lawful services. (d) In this section, “property of another” means property in which a person has an interest that the defendant is not privileged to infringe, whether or not the defendant also has an interest in the property and whether or not the person from whom the property was obtained or withheld also obtained the property unlawfully. “Property of another” does not include property in the possession of the defendant in which another has only a security interest, even if legal title is in the secured party under a conditional sales contract or other security agreement; in the absence of a specific agreement to the contrary, the holder of a security interest in property is not privileged to infringe the debtor's right of possession without the consent of the debtor. (e) Extortion is a class B felony. Sec. 11.41.530. Coercion. (a) A person commits the crime of coercion if, under circumstances not proscribed under AS 11.41.410 — 11.41.427, the person compels another to engage in conduct from which there is a legal right to abstain or abstain from conduct in which there is a legal right to engage, by means of instilling in the person who is compelled a fear that, if the demand is not complied with, the person who makes the demand or another may (1) inflict physical injury on anyone, except under circumstances constituting robbery in any degree, or commit any other crime; (2) accuse anyone of a crime; (3) expose confidential information or a secret, whether true or false, tending to subject a person to hatred, contempt, or ridicule or to impair the person's credit or business repute; (4) take or withhold action as a public servant or cause a public servant to take or withhold action; (5) bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the person making the threat or suggestion purports to act; (6) testify or provide information or withhold testimony or information with respect to a person's legal claim or defense. (b) It is a defense to a prosecution under (a)(2), (3), or (4) of this section that the defendant reasonably believed that the accusation or exposure was true or that the lawsuit or other invocation of official action was justified and that the defendant's sole intent was to compel or induce the victim to take reasonable action to correct the wrong that is the subject of the accusation, exposure, lawsuit, or invocation of official action or to refrain from committing an offense. (c) Coercion is a class C felony.