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

   (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 one year 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 and wrongfully broadcasts or distributes a recording that the person knows or reasonably should know was made under the circumstances described in (2) of this subsection.
   (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) 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) "distribute" means delivering to the actual or constructive possession of another, including transmission by electronic means;
        (4) "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;
        (5) "private area" means the naked or underwear-clad genitalia, anus, buttocks, or female areola or nipple;
        (6) "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.

Notes

History

(Sec. 4 ch 55 SLA 2016)