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ALASKA

from Alaska Statutes (AS)

Sec. 11.41.458. Indecent exposure in the first degree.

   (a) An offender commits the crime of indecent exposure in the first degree if

    (1) the offender violates AS 11.41.460 (a);

    (2) while committing the act constituting the offense, the offender knowingly masturbates; and

    (3) the offense occurs within the observation of a person under 16 years of age.

   (b) Indecent exposure in the first degree is a class C felony.
 

Sec. 11.41.460. Indecent exposure in the second degree.

   (a) An offender commits the crime of indecent exposure in the second degree if the offender knowingly exposes the offender's genitals in the presence of another person with reckless disregard for the offensive, insulting, or frightening effect the act may have.

   (b) Indecent exposure in the second degree before a person under 16 years of age is a class A misdemeanor. Indecent exposure in the second degree before a person 16 years of age or older is a class B misdemeanor.

Chapter 11.61. OFFENSES AGAINST PUBLIC ORDER

Article 01. RIOT, DISORDERLY CONDUCT, AND RELATED OFFENSES

Sec. 11.61.100. Riot.

(a) A person commits the crime of riot if, while participating with five or more others, the person engages in tumultuous and violent conduct in a  public place and thereby causes, or creates a substantial risk of causing, damage to property or physical injury to a person.

(b) Riot is a class C felony.

Sec. 11.61.110. Disorderly conduct.

(a) A person commits the crime of disorderly conduct if,

(1) with intent to disturb the peace and privacy of another not physically on the same premises or with reckless disregard that the conduct is having that effect after being informed that it is having that effect, the person makes unreasonably loud noise;

(2) in a public place or in a private place of another without consent, and with intent to disturb the peace and privacy of another or with reckless disregard that the conduct is having that effect after being  informed that it is having that effect, the person makes unreasonably  loud noise;

(3) in a public place, when a crime has occurred, the person refuses to  comply with a lawful order of a peace officer to disperse;

(4) in a private place, the person refuses to comply with an order of a peace officer to leave premises in which the person has neither a right of possession nor the express invitation to remain of a person having a right of possession;

(5) in a public or private place, the person challenges another to fight or engages in fighting other than in self-defense;

(6) the person recklessly creates a hazardous condition for others by an act which has no legal justification or excuse; or

(7) the offender intentionally exposes the offender's buttock or anus to another with reckless disregard for the offensive or insulting effect  the act may have on that person.

(b) As used in this section, "noise" is "unreasonably loud" if, considering the nature and purpose of the defendant's conduct and the circumstances known to the defendant, including the nature of the location and the  time of day or night, the conduct involves a gross deviation from the standard of conduct that a reasonable person would follow in the same situation. "Noise" does not include speech that is constitutionally protected.

(c) Disorderly conduct is a class B misdemeanor and is punishable as authorized in AS 12.55 except that a sentence of imprisonment, if imposed, shall be for a definite term of not more than 10 days.

Sec. 11.61.118. Harassment in the first degree.

(a) A person commits the crime of harassment in the first degree if

(1) the person violates AS 11.61.120 (a)(5) and the offensive physical contact is contact with human or animal blood, mucus, saliva, semen, urine, vomitus, or feces; or

(2) under circumstances not proscribed under AS 11.41.434  - 11.41.440, the person violates AS 11.61.120 (a)(5) and the offensive physical contact is contact by the person touching through clothing another person's genitals, buttocks, or female breast.

(b) Harassment in the first degree is a class A misdemeanor.

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Sec. 11.61.116. Sending an explicit image of a minor.

(a) A person commits the crime of sending an explicit image of a minor if the person
   (1) publishes or distributes an electronic or printed photograph, picture, or film that depicts the genitals, anus, or female breast of a minor under 16 years of age; and
   (2) makes the publication or distribution without the consent of the parent or legal guardian of the  minor described in (1) of this subsection.

(b) The provisions of (a) of this section do not apply to a minor under 16 years of age who publishes or distributes an electronic or printed photograph, picture, or film  that depicts the minor's own genitals, anus, or female breast.

(c) Sending an explicit image of a minor is
   (1) a class B misdemeanor if the person publishes or distributes the depiction to one or two other people;
   (2) a class A misdemeanor if the person publishes or distributes the depiction to three or more other people;
   (3) a class C felony if the person publishes or distributes the depiction on the Internet.

(d) In this section, "Internet" has the meaning given in AS 11.46.710(d).

NAC NOTE: Adopted 2011- AK 2011 HB 127. Effective July 1, 2011.

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Sec. 11.61.120. Harassment in the second degree.

(a) A person commits the crime of harassment in the second degree if, with intent to harass or annoy another person, that person

(1) insults, taunts, or challenges another person in a manner likely to provoke an immediate violent response;

(2) telephones another and fails to terminate the connection with intent to impair the ability of that person to place or receive telephone calls;

(3) makes repeated telephone calls at extremely inconvenient hours;

(4) makes an anonymous or obscene telephone call, an obscene electronic  communication, or a telephone call or electronic communication that threatens physical injury or sexual contact;

(5) subjects another person to offensive physical contact; or

(6) publishes or distributes electronic or printed photographs, pictures,  or films that show the genitals, anus, or female breast of the other  person or show that person engaged in a sexual act.

(b) Harassment in the second degree is a class B misdemeanor.

Next 



Sec. 11.61.123. Indecent viewing or photography.

   (a) A person commits the crime of indecent viewing or photography if, in the state, the person knowingly views, or produces a picture of, the private exposure of the genitals, anus, or female breast of another person and the view or production is without the knowledge or consent of

    (1) the parent or guardian of the person viewed, or who is shown in the picture, if the person who is viewed or shown is under 16 years of age; and

    (2) the person viewed or shown in the picture, if the person viewed or shown is at least 13 years of age.

   (b) Each viewing of a person, and each production of a picture of a person, whose genitals, anus, or female breast are viewed or are shown in a picture constitutes a separate violation of this section.

   (c) This section does not apply to viewing or photography conducted by a law enforcement agency for a law enforcement purpose.

   (d) In a prosecution under this section, it is an affirmative defense that the viewing or photography was conducted as a security surveillance system, notice of the viewing or photography was posted, and any viewing or use of pictures produced is done only in the interest of crime prevention or prosecution.

   (e) In this section,

    (1) "picture" means a film, photograph, negative, slide, book, newspaper, or magazine, whether in print, electronic, magnetic, or digital format; and

    (2) "private exposure" means that a person has exposed the person's body or part of the body in a place, and under circumstances, that the person reasonably believed would not result in the person's body or body parts being (A) viewed by the defendant; or (B) produced in a picture; "private exposure" does not include the exposure of a person's body or body parts in a law enforcement facility, correctional facility, designated treatment facility, or a juvenile detention facility; in this paragraph, "correctional facility" has the meaning given in AS 33.30.901 , "designated treatment facility" has the meaning given in AS 47.30.915 , and "juvenile detention facility" has the meaning given in AS 47.12.990 .

   (f) Indecent viewing or photography is a

    (1) class C felony if the person viewed or shown in a picture was, at the time of the viewing or production of the picture, a minor;

    (2) class A misdemeanor if the person viewed or shown in a picture was, at the time of the viewing or production of the picture, an adult.

 

 


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