National Indian Country Clearinghouse on Sexual Assault

ALASKA SEXUAL VIOLENCE CODES

*Alaska is a mandatory Public Law 280 state.

 

 

 

ALASKA STAT. § 11.41.410 - Sexual Assault in the First Degree

 

Alaska defines first degree sexual assault as sexual penetration without consent; attempted penetration without consent that seriously injures the victim; sexual penetration with another person under the offender's care whom the offender knows is mentally incapable of providing legal consent; and/or sexual penetration by a health care worker during the course of treatment where the offender knows the victim isn't aware of the act.


Alaska is a partial Public Law 280 state. Except for criminal jurisdiction on the Annette Islands, the Metlakatla Alaskan Native community may exercise jurisdiction over offenses committed by Indians in the same manner in which such jurisdiction may be exercised by Indian tribes in Indian country over which state jurisdiction has not been extended. In all other cases, Public Law 280 confers criminal jurisdiction to the State of Alaska.

 

 

 

 

ALASKA STAT. § 11.41.420 - Sexual Assault in the Second Degree

 

While first degree sexual assault always involves penetration, Alaska defines second degree sexual assault as sexual contact without consent; sexual contact with another person under the offender's care whom the offender knows is mentally incapable of providing legal consent; and/or sexual contact by a health care worker during the course of treatment where the offender knows the victim isn't aware of the act; or sexual penetration with a victim the offender knows is mentally incapable, incapacitated, or unaware of the act.


Alaska is a partial Public Law 280 state. Except for criminal jurisdiction on the Annette Islands, the Metlakatla Alaskan Native community may exercise jurisdiction over offenses committed by Indians in the same manner in which such jurisdiction may be exercised by Indian tribes in Indian country over which state jurisdiction has not been extended. In all other cases, Public Law 280 confers criminal jurisdiction to the State of Alaska.

 

 

 

ALASKA STAT. § 11.41.425 - Sexual Assault in the Third Degree

 

Alaska defines third degree sexual assault as sexual contact with a victim the offender knows is mentally incapable, incapacitated, or unaware of the act; sexual penetration by an offender who works in a state correctional facility of a victim in custody; sexual penetration by an offender who is the legal guardian of a 18 or 19-year-old victim whom the offender knows is under the care of the Department of Health and Human Services.


Alaska is a partial Public Law 280 state. Except for criminal jurisdiction on the Annette Islands, the Metlakatla Alaskan Native community may exercise jurisdiction over offenses committed by Indians in the same manner in which such jurisdiction may be exercised by Indian tribes in Indian country over which state jurisdiction has not been extended. In all other cases, Public Law 280 confers criminal jurisdiction to the State of Alaska.

 

 

 

ALASKA STAT. § 11.41.427 - Sexual Assault in the Fourth Degree

 

Alaska defines fourth degree sexual assault as sexual contact by an offender who works in a state correctional facility of a victim in custody, or sexual contact by an offender who is the legal guardian of an 18 or 19-year-old victim whom the offender knows is under the care of the Department of Health and Human Services.


Alaska is a partial Public Law 280 state. Except for criminal jurisdiction on the Annette Islands, the Metlakatla Alaskan Native community may exercise jurisdiction over offenses committed by Indians in the same manner in which such jurisdiction may be exercised by Indian tribes in Indian country over which state jurisdiction has not been extended. In all other cases, Public Law 280 confers criminal jurisdiction to the State of Alaska.

 

 

 

ALASKA STAT. § 11.41.432 - Defenses

 

If the offender is mentally incapable or married to the alleged victim, Alaska recognizes these defenses to sexual assault. However, if either party has filed for divorce, separation, or other dissolution of the marriage, it is not a defense that the victim was married to the offender at the time of the alleged offense.


Alaska is a partial Public Law 280 state. Except for criminal jurisdiction on the Annette Islands, the Metlakatla Alaskan Native community may exercise jurisdiction over offenses committed by Indians in the same manner in which such jurisdiction may be exercised by Indian tribes in Indian country over which state jurisdiction has not been extended. In all other cases, Public Law 280 confers criminal jurisdiction to the State of Alaska.

 

 

 

 

ALASKA STAT. § 11.41.450 - Incest

 

Alaska defines incest as sexual penetration by a person at least 18 years of age with another who is related as an ancestor or descendant (parent-child, for example) by whole or half blood, a whole- or half-brother or sister, or an aunt, uncle, niece or nephew by blood.


Alaska is a partial Public Law 280 state. Except for criminal jurisdiction on the Annette Islands, the Metlakatla Alaskan Native community may exercise jurisdiction over offenses committed by Indians in the same manner in which such jurisdiction may be exercised by Indian tribes in Indian country over which state jurisdiction has not been extended. In all other cases, Public Law 280 confers criminal jurisdiction to the State of Alaska.

 

 

 

ALASKA STAT. § 11.41.458 - Indecent Exposure in the First Degree

 

In Alaska, an offender commits indecent exposure in the first degree if he/she knowingly exposes his/her genitals in the presence of another person without regard for the offensive, insulting, or frightening effect that exposure might have, and the offender either knowingly masturbates, or has been convicted for indecent exposure in Alaska or any other state.


Alaska is a partial Public Law 280 state. Except for criminal jurisdiction on the Annette Islands, the Metlakatla Alaskan Native community may exercise jurisdiction over offenses committed by Indians in the same manner in which such jurisdiction may be exercised by Indian tribes in Indian country over which state jurisdiction has not been extended. In all other cases, Public Law 280 confers criminal jurisdiction to the State of Alaska.

 

 

 

 

ALASKA STAT. § 11.41.460 - Indecent Exposure in the Second Degree

 

In Alaska, an offender commits indecent exposure in the second degree if he/she knowingly exposes his/her genitals in the presence of another person without regard for the offensive, insulting, or frightening effect that exposure might have.
Alaska is a partial Public Law 280 state. Except for criminal jurisdiction on the Annette Islands, the Metlakatla Alaskan Native community may exercise jurisdiction over offenses committed by Indians in the same manner in which such jurisdiction may be exercised by Indian tribes in Indian country over which state jurisdiction has not been extended. In all other cases, Public Law 280 confers criminal jurisdiction to the State of Alaska.

 

 

 

 

ALASKA STAT. § 11.41.470 - Definitions

 

For purposes of clarifying and applying Alaska's sex crime statutes, the state defines "health care worker" broadly, including massage therapists, dentists, naturopaths, physical therapists, and religious healing practitioners along with the typical healthcare professions. Likewise, "legal guardians" include people who do not directly care for a minor but who have custody and/or control over the minor, such as Department of Health and Social Services employees, police and probation officers, and social workers.

 

 

 

ALASKA STAT. § 11.81.900 - Definitions

 

For purposes of clarifying and applying Alaska's sex crime statutes, the state defines "deadly force" as forced intended to cause or substantially risk causing death or serious physical injury, such as intentionally pointing a firearm at another person, and intentionally causing the victim to fear death or serious injury. "Force" means any physical restraint, confinement, or impact, including deadly and non-deadly.

 

 

 

ALASKA STAT. § 12.63.10 - Registration of Sex Offenders

 

Requires any sex offender or child kidnapper who is physically present in Alaska to register within the 30-day period before release from an in-state correctional facility, by the next working day following conviction for a sex offense or child kidnapping if the sex offender is not incarcerated at the time of conviction, or by the next working day of becoming physically present in the state

 

 

 

ALASKA STAT. § 12.63.20 - Duration of Sex Offender Duration of Sex Offender

 

Imposes the duty of a sex offender or child kidnapper to register for each sex offense or child kidnapping for the lifetime of a sex offender or child kidnapper convicted of one aggravated sex offense, or two or more sex offenses, two or more child kidnappings, or one sex offense and one child kidnapping. The duty to register ends 15 years following the sex offender's or child kidnapper's unconditional discharge from a conviction for a single sex offense that is not an aggravated sex offense or for a single child kidnapping if the sex offender or child kidnapper has supplied proof that is acceptable to the department of the unconditional discharge.

 

 

 

ALASKA STAT. § 18.65.087 - Central Registry of Sex Offenders

 

Requires the Alaska Department of Public Safety to maintain a central registry of sex offenders and child kidnappers and to adopt regulations necessary to carry out the registry.


A post of the Alaska state troopers or a municipal police department that receives registration or change of address information will forward the information within five working days of receipt to the central registry of sex offenders and child kidnappers. Unless the sex offender or child kidnapper provides satisfactory proof to the department that the sex offender or child kidnapper is not physically present in the state or that the time limits have passed, the Department of Public Safety may enter and maintain in the registry information about a sex offender or child kidnapper that the department obtains from one or more of the following entities: the sex offender or child kidnapper; a post of the Alaska state troopers or a municipal police department under this subsection; a court judgment; the Department of Corrections; the Federal Bureau of Investigation, or another sex offender registration agency outside this state if the information indicates that a sex offender or child kidnapper is believed to be residing or planning to reside in the state or cannot be located; a criminal justice agency in the state or another jurisdiction; the department's central repository; or another reliable source as defined in regulations adopted by the department.

 

 

 

ALASKA STAT. § 18.65.087 - Central Registry of Sex Offenders

 

The Department of Public Safety shall maintain a central registry of sex offenders and child kidnappers and shall adopt regulations necessary to carry out the purposes of this section and AS 12.63. A post of the Alaska state troopers or a municipal police department that receives registration or change of address information under AS 12.63.010 shall forward the information within five working days of receipt to the central registry of sex offenders and child kidnappers.

 

 

 

Alaska Stat. §18.66.140 - Filing and Enforcement of Protection Orders

 

Allows certified copies of unexpired protective orders issued in other states with the clerk of court for any judicial district in Alaska. That filed protective order has the same effect as an order issued by the state of Alaska. When someone files a protective order with the clerk of court, the court delivers the order to the appropriate local law enforcement agency, which will enter the order into the central registry of protective orders.

 

 

 

ALASKA STAT. § 18.66.170 - Filing and Enforcement of Protection Orders Notification of Law Enforcement Agencies

 

Requires the court to notify Alaska's appropriate law enforcement agencies when a protective order is filed with Alaska courts. Those agencies must establish procedures for informing peace officers of the protective order, and the officers must enforce protective orders by every reasonable means.

 

 

 

ALASKA STAT. §18.66.180 - Civil Liability

 

Prohibits civil actions or lawsuits for money damages against the State of Alaska, its officers, agents, employees, or agencies for failure to comply with these protection order laws.

National Indian Country Clearinghouse on Sexual Assault, a project by the Southwest Center for Law and Policy © 2017

This project was supported by  Grant No. 2011-TA-AX-K045 awarded by the Office on Violence Against Women. Points of view in this document are those of the author and do not necessary represent the official position of the U.S. Department of Justice. All rights reserved. | Privacy policy   Login