Legislature(2009 - 2010)

2010-01-19 Senate Journal

Full Journal pdf

2010-01-19                     Senate Journal                      Page 1237
SB 222                                                                                                                        
SENATE BILL NO. 222 BY THE SENATE RULES COMMITTEE                                                                               
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
          "An Act relating to the crimes of harassment,                                                                         
          possession of child pornography, and distribution of                                                                  
          indecent material to a minor; relating to suspending                                                                  
          imposition of sentence and conditions of probation or                                                                 
          parole for certain sex offenses; relating to                                                                          
          aggravating factors in sentencing; relating to                                                                        
          registration as a sex offender or child kidnapper;                                                                    
          amending Rule 16, Alaska Rules of Criminal                                                                            
          Procedure; and providing for an effective date."                                                                      
was read the first time and referred to the Judiciary and Finance                                                               
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Administration                                                                          
 Fiscal Note No. 2, Department of Corrections                                                                                   
 Fiscal Note No. 3, zero, Department of Administration                                                                          
 Fiscal Note No. 4, zero, Department of Law                                                                                     
Governor's transmittal letter dated January 15:                                                                                 
Dear President Stevens,                                                                                                         
Under the authority of Art. III, Sec. 18, of the Alaska Constitution, I                                                         
am transmitting a bill that provides Alaska law enforcement and other                                                           
agencies the resources needed to prevent sexual assault and domestic                                                            
violence crimes in Alaska. Sexual assault and domestic violence                                                                 
crimes destroy individuals and families and erode the foundation of a                                                           
just society. Alaska's challenge is to stop child pornography, sexual                                                           
assault, and sexual abuse of minors in addition to ending the cycle of                                                          
domestic violence.                                                                                                              

2010-01-19                     Senate Journal                      Page 1238
Alaska's criminal laws concerning domestic violence, sexual assault,                                                            
sexual abuse of a minor, and child pornography are strong. However, a                                                           
few changes would improve prosecution of these offenses. The bill                                                               
will adopt a class A misdemeanor for offensive touching that does not                                                           
arise to sexual assault in the first, second, or third degree. It will also                                                     
adopt a class C felony, the offense of knowingly accessing child                                                                
pornography on a computer, and extends the prohibition of distributing                                                          
indecent material to a minor to all forms of distribution.                                                                      
The bill provides that a person convicted of human trafficking or                                                               
possession or distribution of child pornography may not be given a                                                              
suspended imposition of sentence. It will specify conditions of                                                                 
probation for child predators that allow a court to forbid the defendant                                                        
from using a computer or internet site, and prohibit contact with                                                               
The bill will give the courts more discretion in sentencing defendants.                                                         
Specifically, it allows a court to increase a person's sentence above the                                                       
usual sentencing range if the defendant knew that the victim was                                                                
particularly vulnerable as a result of having consumed alcohol or                                                               
drugs. It will also allow an increased sentence if the crime is a felony                                                        
and is committed against a person whom the offender is in a                                                                     
relationship of trust, such as dating or sexual relationship, or the                                                            
offence entails a defendant is 18 years of age or older and has sexual                                                          
contact with a minor under 13 years of age.                                                                                     
Sex offenders and child kidnappers required to register elsewhere                                                               
should not be able to come to Alaska and avoid registration. The bill                                                           
will make it mandatory for registered sex offenders in another state or                                                         
child kidnapper in another state to register in Alaska when the                                                                 
intention is to live in Alaska. This would apply even when Alaska                                                               
does not have a substantive law that is similar to the crime the person                                                         
Finally, the bill protects victims of child pornography from being                                                              
victimized or traumatized by the pre-trial discovery process in a                                                               
criminal prosecution. While it allows the pornographic material to be                                                           
inspected by the defendant, defense counsel, and experts the defense                                                            
may use, it prohibits copying the material and must remain in the                                                               
possession of law enforcement.                                                                                                  

2010-01-19                     Senate Journal                      Page 1239
I urge your prompt and favorable consideration of this bill.                                                                    
Sean Parnell