Section 11.61.128. Distribution of indecent material to minors.

   (a) A person commits the crime of distribution of indecent material to minors if
        (1) the person, being 18 years of age or older, intentionally distributes or possesses with intent to distribute any material described in (2) and (3) of this subsection to either
             (A) a child that the person knows is under 16 years of age; or
             (B) another person that the person believes is a child under 16 years of age;
        (2) the person knows that the material depicts the following actual or simulated conduct:
             (A) sexual penetration;
             (B) the lewd touching of a person's genitals, anus, or female breast;
             (C) masturbation;
             (D) bestiality;
             (E) the lewd exhibition of a person's genitals, anus, or female breast; or
             (F) sexual masochism or sadism; and
        (3) the material is harmful to minors.
   (b) In this section, it is not a defense that the victim was not actually under 16 years of age.
   (c) In this section, "harmful to minors" means
        (1) the average individual, applying contemporary community standards, would find that the material, taken as a whole, appeals to the prurient interest in sex for persons under 16 years of age;
        (2) a reasonable person would find that the material, taken as a whole, lacks serious literary, artistic, educational, political, or scientific value for persons under 16 years of age; and
        (3) the material depicts actual or simulated conduct in a way that is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable for persons under 16 years of age.
   (d) Except as provided in (e) of this section, distribution of indecent material to minors is a class C felony.
   (e) Distribution of indecent material to minors is a class B felony if the defendant was, at the time of the offense, required to register as a sex offender or child kidnapper under AS 12.63 or a similar law of another jurisdiction.

Authorities

12.55.127;12.55.155;28.15.046

Notes

References

AS 12.55.127 Consecutive and concurrent terms of imprisonment.
AS 12.55.155 Factors in aggravation and mitigation.
AS 28.15.046 Licensing of school bus drivers.

History

(Sec. 2 ch 97 SLA 2005; am Sec. 6 ch 24 SLA 2007; am Sec. 9 - 12 ch 18 SLA 2010; am Sec. 5 ch 1 TSSLA 2012)