Section 12.63.100 - [Effective Until 1/1/2025] DefinitionsIn 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; (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; or(D) an offense, or an attempt, solicitation, or conspiracy to commit an offense, under (i)AS 26.05.890, or a similar law of another jurisdiction, if the person engaged in or attempted to engage in sexual penetration; or(ii) AS 26.05.893, or a similar law of another jurisdiction, if the prohibited sexual activity in which the member of the militia engaged or attempted to engage is sexual penetration;(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; (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; or(D) an offense, or an attempt, solicitation, or conspiracy to commit an offense, under AS 26.05.935 (b), or a similar law of another jurisdiction, if the (i) member of the militia commits the enumerated offense of kidnapping, punishable under Article 134, 10 U.S.C. 934 (Uniform Code of Military Justice); and(ii) 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) "sexual contact" has the meaning given in AS 11.81.900;(6) "sex offender or child kidnapper" means (A) 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; or(B) a person charged and convicted as an adult of an offense that requires registration as a sex offender or child kidnapper in another jurisdiction;(7) "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;(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;(iii)AS 11.41.450 - 11.41.458;(iv)AS 11.41.460 or AS 26.05.900 (c) if the indecent exposure is before a person under 16 years of age and the offender has previously been convicted under AS 11.41.460 or AS 26.05.900 (c);(v)AS 11.61.125 - 11.61.128;(vi)AS 11.66.110, 11.66.130 (a)(2)(B), or AS 26.05.900 (b) 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;(ix)AS 11.66.100 (a)(2) if the offender is subject to punishment under AS 11.66.100 (e);(x)AS 26.05.890 if the person engaged in sexual penetration or sexual contact with the victim;(xi)AS 26.05.890 if, at the time of the offense, the victim is under a duty to obey the lawful orders of the offender, regardless of whether the offender is in the direct chain of command over the victim;(xii)AS 26.05.893 if the person engaged in sexual penetration or sexual contact with the victim;(xiii)AS 26.05.900 (a)(1) - (4) if the victim is under 18 years of age at the time of the offense; (xiv)AS 26.05.900 if, at the time of the offense, the victim is under a duty to obey the lawful orders of the offender, regardless of whether the offender is in the direct chain of command over the victim; or(xv)AS 11.61.123 if the offender is subject to punishment under AS 11.61.123 (f)(1) or (2);(D) an offense, or an attempt, solicitation, or conspiracy to commit an offense, under AS 26.05.935 (b), or a similar law of another jurisdiction, if the member of the militia commits one of the following enumerated offenses punishable under Article 134, 10 U.S.C. 934 (Uniform Code of Military Justice): (i) child pornography; or(ii) pandering and prostitution if the person who is induced, enticed, caused, or procured to engage in a sexual act is under 20 years of age at the time of the offense; or(E) an offense in which the person is required to register as a sex offender under the laws of another jurisdiction;(8) "sexual penetration" has the meaning given in AS 11.81.900;(9) "unconditional discharge" has the meaning given in AS 12.55.185.Amended by SLA 2019SP1, ch. 4,§§sec.84, sec.85 eff. 7/1/2019.Amended by SLA 2018, ch. 85,§§sec.1, sec.2, sec.3, sec.4 eff. 1/1/2019.Amended by SLA 2017SP4, ch. 1,sec. 39, eff. 11/26/2017.Amended by SLA 2013, ch. 43,sec. 25, eff. 7/1/2013. See SLA 2024, ch. 11, sec. 60.This section is set out more than once due to postponed, multiple, or conflicting amendments.