CSHB 334(JUD): "An Act relating to unlawful exploitation of a minor and to distribution of child pornography."
00 CS FOR HOUSE BILL NO. 334(JUD) 01 "An Act relating to unlawful exploitation of a minor and to distribution of child 02 pornography." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 11.41.455(c) is amended to read: 05 (c) Unlawful exploitation of a minor is a class A [CLASS B] felony. 06 * Sec. 2. AS 11.61.125(e) is amended to read: 07 (e) Distribution of child pornography is a 08 (1) class B felony; or 09 (2) class A felony if the person has been previously convicted of 10 distribution of child pornography in this jurisdiction or a similar crime in this or 11 another jurisdiction. 12 * Sec. 3. AS 47.12.030(a) is amended to read: 13 (a) When a minor who was at least 16 years of age at the time of the offense is 14 charged by complaint, information, or indictment with an offense specified in this
01 subsection, this chapter and the Alaska Delinquency Rules do not apply to the offense 02 for which the minor is charged or to any additional offenses joinable to it under the 03 applicable rules of court governing criminal procedure. The minor shall be charged, 04 held, released on bail, prosecuted, sentenced, and incarcerated in the same manner as 05 an adult. If the minor is convicted of an offense other than an offense specified in this 06 subsection, the minor may attempt to prove, by a preponderance of the evidence, that 07 the minor is amenable to treatment under this chapter. If the court finds that the minor 08 is amenable to treatment under this chapter, the minor shall be treated as though the 09 charges had been heard under this chapter, and the court shall order disposition of the 10 charges of which the minor is convicted under AS 47.12.120(b). The provisions of 11 this subsection apply when the minor is charged by complaint, information, or 12 indictment with an offense 13 (1) that is an unclassified felony or a class A felony and the felony is a 14 crime against a person other than AS 11.41.455; 15 (2) of arson in the first degree; or 16 (3) that is a class B felony and the felony is a crime against a person in 17 which the minor is alleged to have used a deadly weapon in the commission of the 18 offense and the minor was previously adjudicated as a delinquent or convicted as an 19 adult, in this or another jurisdiction, as a result of an offense that involved use of a 20 deadly weapon in the commission of a crime against a person or an offense in another 21 jurisdiction having elements substantially identical to those of a crime against a 22 person, and the previous offense was punishable as a felony; in this paragraph, "deadly 23 weapon" has the meaning given in AS 11.81.900(b).