Section 11.61.125. Distribution of child pornography.

   (a) A person commits the crime of distribution of child pornography if the person distributes in this state or advertises, promotes, solicits, or offers to distribute in this state any material that is proscribed under AS 11.61.127.
   (b) This section does not apply to acts that are an integral part of the exhibition or performance of a motion picture if the acts are performed within the scope of employment by a motion picture operator or projectionist employed by the owner or manager of a theater or other place for the showing of motion pictures, unless the motion picture operator or projectionist
        (1) has a financial interest in the theater or place in which employed; or
        (2) causes the performance or motion picture to be performed or exhibited without the consent of the manager or owner of the theater or other place of showing.
   (c) The possession of 100 or more films, audio, video, electronic, or electromagnetic recordings, photographs, negatives, slides, books, newspapers, magazines, or other materials, including a combination of these items totaling 100 or more, is prima facie evidence of distribution and intent to distribute under (a) of this section.
   (d) In this section, "distribution" includes the following, whether or not for monetary or other consideration: delivering, selling, renting, leasing, lending, giving, circulating, exhibiting, presenting, providing, exchanging, placing on a computer network or computer system, and providing billing collection, or other ancillary services for or otherwise supporting these activities.
   (e) Distribution of child pornography is a
        (1) class B felony; or
        (2) class A felony if the person has been previously convicted of distribution of child pornography in this jurisdiction or a similar crime in this or another jurisdiction.

Authorities

11.66.100;12.10.010;12.55.078;12.55.085;12.55.100;12.55.125;12.55.127;12.63.100;28.15.046;44.23.080;47.12.110

Notes

References

7 AAC 10.905
AS 11.66.100 Prostitution.
AS 12.10.010 General time limitations.
AS 12.55.078 Suspending entry of judgment.
AS 12.55.085 Suspending imposition of sentence.
AS 12.55.100 Conditions of probation.
AS 12.55.125 Sentences of imprisonment for felonies.
AS 12.55.127 Consecutive and concurrent terms of imprisonment.
AS 12.63.100 Definitions.
AS 28.15.046 Licensing of school bus drivers.
AS 44.23.080 Subpoena power of attorney general in cases involving use of an Internet service account.
AS 47.12.110 Hearings.

History

(Sec. 2 ch 57 SLA 1983; am Sec. 1, 2 ch 39 SLA 1985; am Sec. 4 ch 161 SLA 1990; am Sec. 5, 6 ch 81 SLA 1998; am Sec. 15 ch 65 SLA 2000; am Sec. 3 ch 41 SLA 2003; am Sec. 2 ch 131 SLA 2004; am Sec. 5 ch 18 SLA 2010)