Sec. 26.05.900. Other sexual misconduct; indecent viewing, visual recording, or broadcasting.

626 words·~3 min read·/ak/title-26/chapter-5/26-05-900

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

(a)A member of the militia who knowingly commits any of the following acts without legal justification or lawful authorization is guilty of an offense under this section and may be punished by up to seven years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct:

(1)knowingly and wrongfully views the private area of another person, without the other person's consent and under circumstances in which the other person has a reasonable expectation of privacy;

(2)knowingly and wrongfully photographs, videotapes, films, or records, by any means, the private area of another person without the other person's consent and under circumstances in which the other person has a reasonable expectation of privacy;

(3)knowingly broadcasts a recording of another person's private area that the person knows or reasonably should know was made or broadcast

(A)without the other person's consent; and

(B)under circumstances in which the other person had a reasonable expectation of privacy;

(4)knowingly distributes a recording of another person's private area that the person knows or reasonably should know was made or distributed

(A)without the other person's consent; and

(B)under circumstances in which the other person had a reasonable expectation of privacy.

(b)A member of the militia who compels another person to engage in an act of prostitution with another person is guilty of forcible pandering and may be punished by up to 10 years of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

(c)A member of the militia who intentionally exposes, in an indecent manner, the genitalia, anus, buttocks, or female areola or nipple is guilty of indecent exposure and may be punished by up to one year of confinement, by separation with characterization up to dishonorable discharge, and by such other punishment as a court-martial may direct.

(d)When a person is convicted of an offense under this section that requires the offender to register as a sex offender under AS 12.63 , the court-martial shall provide the person with information regarding sex offender registration under AS 12.63.010 and, if it can be determined by the court-martial, inform the person whether the conviction will require the person to register for life or a lesser period under AS 12.63 .

(e)Unless otherwise specifically defined or unless the context otherwise requires, in this section,

(1)“act of prostitution” means a sexual act or sexual contact as defined in AS 26.05.890 because of which anything of value is given to or received by another person;

(2)“broadcast” means electronically transmitting a visual image with the intent that it be viewed by a person or persons;

(3)“consent” has the meaning given in AS 26.05.890 (h);

(4)“distribute” means delivering to the actual or constructive possession of another, including transmission by electronic means;

(5)“indecent manner” means conduct that amounts to a form of immorality relating to sexual impurity that is grossly vulgar, obscene, and repugnant to common propriety and that tends to excite sexual desire or deprave morals with respect to sexual relations;

(6)“private area” means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple;

(7)“reasonable expectation of privacy” means circumstances in which a reasonable person would believe that the person could disrobe in privacy without being concerned that an image of a private area of the person was being captured or circumstances in which a reasonable person would believe that a private area of the person would not be visible to the public;

(8)“recording” means a still or moving visual image captured or recorded by any means.