Section 11.41.420. Sexual assault in the second degree.

   (a) An offender commits the crime of sexual assault in the second degree if
        (1) the offender engages in sexual contact with another person without consent of that person;
        (2) the offender engages in sexual contact with a person
             (A) who the offender knows is mentally incapable; and
             (B) who is in the offender's care
                  (i) by authority of law; or
                  (ii) in a facility or program that is required by law to be licensed by the state;
        (3) the offender engages in sexual penetration with a person who the offender knows is
             (A) mentally incapable;
             (B) incapacitated; or
             (C) unaware that a sexual act is being committed; or
        (4) the offender engages in sexual contact with a person who the offender knows is unaware that a sexual act is being committed and
             (A) the offender is a health care worker; and
             (B) the offense takes place during the course of professional treatment of the victim.
   (b) Sexual assault in the second degree is a class B felony.

Authorities

11.66.100

Notes

References

AS 11.66.100 Prostitution.

History

(Sec. 3 ch 166 SLA 1978; am Sec. 1 ch 78 SLA 1983; am Sec. 2 ch 96 SLA 1988; am Sec. 8 ch 4 SLA 1990; am Sec. 6 ch 79 SLA 1992; am Sec. 4 ch 30 SLA 1996; am Sec. 2 ch 61 SLA 1996)