Sec. 11.41.425. Sexual assault in the third degree.

494 words·~2 min read·/ak/title-11/chapter-41/11-41-425

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.