Section 12.63.100. Definitions.

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; or
             (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;
        (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; or
             (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;
        (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) "sex offender or child kidnapper" means 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;
        (6) "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; or
             (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 if the indecent exposure is before a person under 16 years of age and the offender has a previous conviction for that offense;
                  (v) AS 11.61.125 - 11.61.128;
                  (vi) AS 11.66.110 or 11.66.130(a)(2) 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; or
                  (ix) AS 11.66.100(a)(2) if the offender is subject to punishment under AS 11.66.100(e);
        (7) "unconditional discharge" has the meaning given in AS 12.55.185.

Authorities

4.16.059;11.56.759;11.56.835;12.55.027;12.55.090;12.55.100;12.55.110;12.55.148;12.62.130;18.65.087;33.16.089;33.16.150;33.16.215;33.30.035;33.30.901

Notes

References

13 AAC 09.900
7 AAC 10.905
AS 4.16.059 .059">Sec. 04.16.059. Aggravated penalties for certain violations involving a person under 21 years of age and committed by a sex offender or child kidnapper.
AS 11.56.759 Violation by sex offender of condition of probation.
AS 11.56.835 Failure to register as a sex offender or child kidnapper in the first degree.
AS 12.55.027 Credit for time spent toward service of a sentence of imprisonment.
AS 12.55.090 Granting of probation.
AS 12.55.100 Conditions of probation.
AS 12.55.110 Notice and grounds for revocation of suspension.
AS 12.55.148 Judgment for sex offenses or child kidnappings.
AS 12.62.130 Reporting of uniform crime information.
AS 18.65.087 Central registry of sex offenders.
AS 33.16.089 Eligibility for administrative parole [Effective January 1, 2017]..
AS 33.16.150 Conditions of parole.
AS 33.16.215 Sanctions for technical violations and other violations of parole [Effective January 1, 2017]..
AS 33.30.035 Notice to sex offenders or child kidnappers of registration and other requirements.
AS 33.30.901 Definitions.

History

(Sec. 4 ch 41 SLA 1994; am Sec. 16 ch 81 SLA 1998; am Sec. 14 - 16 ch 106 SLA 1998; am Sec. 12 - 15 ch 54 SLA 1999; am Sec. 8, 9 ch 14 SLA 2006; am Sec. 24 ch 24 SLA 2007; am Sec. 18 ch 18 SLA 2010; am Sec. 25 ch 43 SLA 2013)