Sec. 12.63.100. Definitions.

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

In this chapter,

(1)“aggravated sex offense” means

(A)a crime under AS 11.41.100 (a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit a sexual offense, or a similar offense under the laws of the other jurisdiction; in this subparagraph, “sexual offense” has the meaning given in AS 11.41.100 (a)(3);

(B)a crime under AS 11.41.110 (a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit one of the following crimes, or a similar law of another jurisdiction:

(i)sexual assault in the first degree;

(ii)sexual assault in the second degree;

(iii)sexual abuse of a minor in the first degree; or

(iv)sexual abuse of a minor in the second degree;

(C)a crime, or an attempt, solicitation, or conspiracy to commit a crime, under AS 11.41.410 , 11.41.434, or a similar law of another jurisdiction or a similar provision under a former law of this state; or

(D)an offense, or an attempt, solicitation, or conspiracy to commit an offense, under

(i)AS 26.05.890 , or a similar law of another jurisdiction, if the person engaged in or attempted to engage in sexual penetration; or

(ii)AS 26.05.893 , or a similar law of another jurisdiction, if the prohibited sexual activity in which the member of the militia engaged or attempted to engage is sexual penetration;

(2)“child kidnapping” means

(A)a crime under AS 11.41.100 (a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit kidnapping;

(B)a crime under AS 11.41.110 (a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit kidnapping if the victim was under 18 years of age at the time of the offense;

(C)a crime, or an attempt, solicitation, or conspiracy to commit a crime, under AS 11.41.300 , or a similar law of another jurisdiction or a similar provision under a former law of this state, if the victim was under 18 years of age at the time of the offense; or

(D)an offense, or an attempt, solicitation, or conspiracy to commit an offense, under AS 26.05.935 (b), or a similar law of another jurisdiction, if the

(i)member of the militia commits the enumerated offense of kidnapping, punishable under Article 134, 10 U.S.C. 934 (Uniform Code of Military Justice); and

(ii)victim was under 18 years of age at the time of the offense;

(3)“conviction” means that an adult, or a juvenile charged as an adult under AS 47.12 or a similar procedure in another jurisdiction, has entered a plea of guilty, guilty but mentally ill, or nolo contendere, or has been found guilty or guilty but mentally ill by a court or jury, of a sex offense or child kidnapping regardless of whether the judgment was set aside under AS 12.55.085 or a similar procedure in another jurisdiction or was the subject of a pardon or other executive clemency; “conviction” does not include a judgment that has been reversed or vacated by a court;

(4)“department” means the Department of Public Safety;

(5)“sexual contact” has the meaning given in AS 11.81.900 ;

(6)“sex offender or child kidnapper” means

(A)a person convicted of a sex offense or child kidnapping in this state or another jurisdiction regardless of whether the conviction occurred before, after, or on January 1, 1999; or

(B)a person charged and convicted as an adult of an offense that requires registration as a sex offender or child kidnapper in another jurisdiction;

(7)“sex offense” means

(i)sexual assault in the first degree;

(ii)sexual assault in the second degree;

(iii)sexual abuse of a minor in the first degree; or

(iv)sexual abuse of a minor in the second degree;

(C)a crime, or an attempt, solicitation, or conspiracy to commit a crime, under the following statutes or a similar law of another jurisdiction:

(i)AS 11.41.410 — 11.41.438;

(ii)AS 11.41.440 (a)(2);

(iii)AS 11.41.450 — 11.41.458;

(iv)AS 11.41.460 or AS 26.05.900

(c)if the indecent exposure is before a person under 16 years of age and the offender has previously been convicted under AS 11.41.460 or AS 26.05.900 (c);

(v)AS 11.61.125 — 11.61.128;

(vi)AS 11.66.130 (a)(2)(B) or AS 26.05.900

(b)if the person who was induced or caused to engage in prostitution was under 20 years of age at the time of the offense;

(vii)former AS 11.15.120 , former 11.15.134, or assault with the intent to commit rape under former AS 11.15.160 , former AS 11.40.110 , or former 11.40.200;

(viii)AS 11.61.118 (a)(2) if the offender has a previous conviction for that offense;

(ix)AS 11.66.100 (a)(2) if the offender is subject to punishment under former AS 11.66.100 (e);

(x)AS 26.05.890 if the person engaged in sexual penetration or sexual contact with the victim;

(xi)AS 26.05.890 if, at the time of the offense, the victim is under a duty to obey the lawful orders of the offender, regardless of whether the offender is in the direct chain of command over the victim;

(xii)AS 26.05.893 if the person engaged in sexual penetration or sexual contact with the victim;

(xiii)AS 26.05.900

(a)if the victim is under 18 years of age at the time of the offense;

(xiv)AS 26.05.900 if, at the time of the offense, the victim is under a duty to obey the lawful orders of the offender, regardless of whether the offender is in the direct chain of command over the victim;

(xv)AS 11.61.123 if the offender is subject to punishment under AS 11.61.123 (g)(1) or (2);

(xvi)AS 11.66.137 ;

(xvii)AS 11.61.130 (a)(2); or

(xviii) AS 11.66.110 and 11.66.120;

(D)an offense, or an attempt, solicitation, or conspiracy to commit an offense, under AS 26.05.935 (b), or a similar law of another jurisdiction, if the member of the militia commits one of the following enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform Code of Military Justice):

(i)child sexual abuse material; or

(ii)pandering and prostitution if the person who is induced, enticed, caused, or procured to engage in a sexual act is under 20 years of age at the time of the offense; or

(E)an offense in which the person is required to register as a sex offender under the laws of another jurisdiction;

(8)“sexual penetration” has the meaning given in AS 11.81.900 ;

(9)“unconditional discharge” has the meaning given in AS 12.55.185 .