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--- version:SB 247+++ version:(document, no version)@@ -1,579 +1,36 @@-SB0247A -1- SB 247- New Text Underlined [DELETED TEXT BRACKETED]+SENATOR JESSE KIEHL-34-LS1470\A+——————————————————— ALASKA SENATE ———————————————————+STATE CAPITOL ● JUNEAU, ALASKA 99801 ● (907) 465-4947 ● FAX (907) 465-2108+SENATOR.JESSE.KIEHL@AKLEG.GOV- SENATE BILL NO. 247+Sponsor Statement+Senate Bill 247-IN THE LEGISLATURE OF THE STATE OF ALASKA+COMPUTER-GENERATED+CHILD SEXUAL ABUSE MATERIAL-THIRTY-FOURTH LEGISLATURE - SECOND SESSION+Alaska has strong laws against pictures or videos that show minors engaged in sex acts.+When these laws passed, this material could only mean an actual child was exploited.+Today, technology makes it possible to manufacture images and videos on a spectrum:+from putting a real child’s face on someone else’s body to synthetic images and audio+not recognizable as any specific minor. The most sophisticated of these fabrications,+made using artificial intelligence software, are in fact pieced together from images of+millions—if not billions—of real children.-BY SENATORS KIEHL, Merrick, Giessel, Myers, Yundt, Cronk, Kawasaki, Stedman, Tilton+The fast spread of AI tool use makes it exponentially more difficult to prosecute those+who peddle images of children being sexually abused. But the harms are just as+serious. Slight alterations of recognizable children harm the child’s reputation, can be+used in blackmail, and may originate from actual exploitation. Moderate alterations+still rely on—and depict—actual sex acts that are often illegal. These altered images risk+the same or greater harms to these children. Even images collaged pixel by pixel using+AI drain resources from law enforcement and can be used by those who groom children+to warp a young person’s sense of what is normal. These videos at their core represent+harmful behavior.-Introduced: 2/18/26-Referred: Community & Regional Affairs, Judiciary--A BILL--FOR AN ACT ENTITLED--"An Act relating to crime and criminal procedure; relating to generated obscene child 1-sexual abuse material; relating to teaching certificates; and relating to licensing of 2-school bus drivers." 3-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4- * Section 1. AS 11.61.120(a) is amended to read: 5-(a) A person commits the crime of harassment in the second degree if, with 6-intent to harass or annoy another person, that person 7-(1) insults, taunts, or challenges another person in a manner likely to 8-provoke an immediate violent response; 9-(2) telephones another and fails to terminate the connection with intent 10-to impair the ability of that person to place or receive telephone calls; 11-(3) makes repeated telephone calls at extremely inconvenient hours; 12-(4) makes an anonymous or obscene telephone call, an obscene 13-electronic communication, or a telephone call or electronic communication that 14- 34-LS1470\A-SB 247 -2- SB0247A- New Text Underlined [DELETED TEXT BRACKETED]--threatens physical injury or sexual contact; 1-(5) subjects another person to offensive physical contact; 2-(6) except as provided in AS 11.61.116, publishes or distributes 3-electronic or printed photographs, pictures, or films that show the genitals, anus, or 4-female breast of the other person or show that person engaged in a sexual act; 5-(7) repeatedly sends or publishes an electronic communication that 6-insults, taunts, challenges, or intimidates a person under 18 years of age in a manner 7-that places the person in reasonable fear of physical injury; or 8-(8) under circumstances not proscribed under AS 11.41.455, 9-AS 11.61.121, 11.61.125 [AS 11.61.125], or 11.61.128, repeatedly sends to another 10-person, publishes, or distributes electronic or printed photographs, pictures, or films 11-that show the genitals of any person. 12- * Sec. 2. AS 11.61 is amended by adding new sections to read: 13-Sec. 11.61.121. Distribution of generated obscene child sexual abuse 14-material. (a) A person commits the crime of distribution of generated obscene child 15-sexual abuse material if the person distributes in this state or advertises, promotes, 16-solicits, or offers to distribute in this state any material that is proscribed under 17-AS 11.61.122. 18-(b) The possession of 100 or more films, audio, video, electronic, or 19-electromagnetic recordings, photographs, negatives, slides, books, newspapers, 20-magazines, or other materials, including a combination of these items totaling 100 or 21-more, is prima facie evidence of distribution and intent to distribute under (a) of this 22-section. 23-(c) In this section, "distribution" includes the following, whether or not for 24-monetary or other consideration: delivering, selling, renting, leasing, lending, giving, 25-circulating, exhibiting, presenting, providing, exchanging, placing on a computer 26-network or computer system, and providing billing collection, or other ancillary 27-services for or otherwise supporting these activities. 28-(d) Distribution of generated obscene child sexual abuse material is a 29-(1) class B felony; or 30-(2) class A felony if the person has been previously convicted of 31- 34-LS1470\A-SB0247A -3- SB 247- New Text Underlined [DELETED TEXT BRACKETED]--distribution of generated obscene child sexual abuse material in this jurisdiction, 1-distribution of child sexual abuse materials under AS 11.61.125, or a similar crime in 2-this or another jurisdiction. 3-Sec. 11.61.122. Possession of generated obscene child sexual abuse 4-material. (a) A person commits the crime of possession of generated obscene child 5-sexual abuse material if the person knowingly possesses or knowingly accesses on a 6-computer with intent to view any material that 7-(1) the average person, applying contemporary community standards, 8-would find, when considered as a whole, appeals to the prurient interest; 9-(2) depicts, in a patently offensive way, a child under 18 years of age 10-who, by manipulation, creation, or modification, appears to be engaged in conduct 11-described in AS 11.41.455(a)(1) - (7), regardless of whether an actual child was used; 12-and 13-(3) when considered as a whole, lacks serious literary, artistic, 14-political, or scientific value. 15-(b) This section does not apply to an employee or contractor of an interactive 16-computer service, Internet service provider, cloud service provider, or 17-telecommunications network who, while acting in the scope of employment, possesses 18-or accesses the material described in (a) of this section solely to prevent, detect, report, 19-or otherwise respond to the production, generation, manipulation, or modification of 20-the material. In this subsection, "interactive computer service" has the meaning given 21-in AS 11.61.127(b). 22-(c) In this section, "computer" has the meaning given in AS 11.46.990. 23-(d) Possession of generated obscene child sexual abuse material is a class C 24-felony. 25- * Sec. 3. AS 11.61.125(e) is amended to read: 26-(e) Distribution of child sexual abuse material is a 27-(1) class B felony; or 28-(2) class A felony if the person has been previously convicted of 29-distribution of child sexual abuse material in this jurisdiction, distribution of 30-generated obscene child sexual abuse material under AS 11.61.121, or a similar 31- 34-LS1470\A-SB 247 -4- SB0247A- New Text Underlined [DELETED TEXT BRACKETED]--crime in this or another jurisdiction. 1- * Sec. 4. AS 11.61.127(a) is amended to read: 2-(a) A person commits the crime of possession of child sexual abuse material if 3-the person knowingly possesses or knowingly accesses on a computer with intent to 4-view any material that visually depicts conduct described in AS 11.41.455(a)(1) - (7) 5-[AS 11.41.455(a)] knowing that the 6-(1) production of the material involved the use of a child under 18 7-years of age who engaged in the conduct; or 8-(2) material depicts [A DEPICTION OF] a part of an actual child 9-under 18 years of age who, by manipulation, creation, or modification, appears to be 10-engaged in the conduct. 11- * Sec. 5. AS 11.61.127(b) is amended to read: 12-(b) This section does not apply to 13-(1) persons providing plethysmograph assessments in the course of a 14-sex offender treatment program that meets the minimum standards under 15-AS 33.30.011(a)(5); or 16-(2) an employee or contractor of an interactive computer service, 17-Internet service provider, cloud service provider, or telecommunications network 18-who, while acting in the scope of employment, possesses or accesses the material 19-described in (a) of this section solely to prevent, detect, report, or otherwise 20-respond to the production, generation, manipulation, or modification of the 21-material; in this paragraph, "interactive computer service" means an 22-information service, system, or access software provider that provides or enables 23-computer access by multiple users to a computer server, including specifically a 24-service or system that provides access to the Internet and those systems operated 25-or services offered by libraries or educational institutions. 26- * Sec. 6. AS 11.61.129(a) is amended to read: 27-(a) Property used to aid a violation of AS 11.61.121 - 11.61.128 28-[AS 11.61.123 - 11.61.128] or to aid the solicitation of, attempt to commit, or 29-conspiracy to commit a violation of AS 11.61.121 - 11.61.128 [AS 11.61.123 - 30-11.61.128] may be forfeited to the state upon the conviction of the offender. 31- 34-LS1470\A-SB0247A -5- SB 247- New Text Underlined [DELETED TEXT BRACKETED]-- * Sec. 7. AS 11.66.100(c) is amended to read: 1-(c) A person may not be prosecuted under (a)(1) of this section if the 2-(1) person witnessed or was a victim of, and reported to law 3-enforcement in good faith, one or more of the following crimes: 4-(A) murder in the first degree under AS 11.41.100; 5-(B) murder in the second degree under AS 11.41.110; 6-(C) manslaughter under AS 11.41.120; 7-(D) criminally negligent homicide under AS 11.41.130; 8-(E) assault in the first degree under AS 11.41.200; 9-(F) assault in the second degree under AS 11.41.210; 10-(G) assault in the third degree under AS 11.41.220; 11-(H) assault in the fourth degree under AS 11.41.230; 12-(I) sexual assault in the first degree under AS 11.41.410; 13-(J) sexual assault in the second degree under AS 11.41.420; 14-(K) sexual assault in the third degree under AS 11.41.425; 15-(L) sexual assault in the fourth degree under AS 11.41.427; 16-(M) sexual abuse of a minor in the first degree under 17-AS 11.41.434; 18-(N) sexual abuse of a minor in the second degree under 19-AS 11.41.436; 20-(O) sexual abuse of a minor in the third degree under 21-AS 11.41.438; 22-(P) sexual abuse of a minor in the fourth degree under 23-AS 11.41.440; 24-(Q) robbery in the first degree under AS 11.41.500; 25-(R) robbery in the second degree under AS 11.41.510; 26-(S) extortion under AS 11.41.520; 27-(T) coercion under AS 11.41.530; 28-(U) distribution of child sexual abuse material under 29-AS 11.61.125; 30-(V) possession of child sexual abuse material under 31- 34-LS1470\A-SB 247 -6- SB0247A- New Text Underlined [DELETED TEXT BRACKETED]--AS 11.61.127; 1-(W) sex trafficking in the first degree under AS 11.66.110; 2-(X) sex trafficking in the second degree under AS 11.66.120; 3-(Y) sex trafficking in the third degree under AS 11.66.130; 4-[OR] 5-(Z) sex trafficking in the fourth degree under AS 11.66.135; 6-(AA) distribution of generated obscene child sexual abuse 7-material under AS 11.61.121; or 8-(BB) possession of generated obscene child sexual abuse 9-material under AS 11.61.122; 10-(2) evidence supporting the prosecution under (a)(1) of this section 11-was obtained or discovered as a result of the person reporting the crime to law 12-enforcement; and 13-(3) person cooperated with law enforcement personnel. 14- * Sec. 8. AS 12.10.010(a) is amended to read: 15-(a) Prosecution for the following offenses may be commenced at any time: 16-(1) murder; 17-(2) attempt, solicitation, or conspiracy to commit murder or hindering 18-the prosecution of murder; 19-(3) felony sexual abuse of a minor; 20-(4) sexual assault that is an unclassified, class A, or class B felony or a 21-violation of AS 11.41.425(a)(2) - (4); 22-(5) a violation of AS 11.41.425, 11.41.427, 11.41.450 - 11.41.458, 23-AS 11.66.110 - 11.66.130, or former AS 11.41.430, when committed against a person 24-who, at the time of the offense, was under 18 years of age; 25-(6) kidnapping; 26-(7) distribution of generated obscene child sexual abuse material in 27-violation of AS 11.61.121 or distribution of child sexual abuse material in violation of 28-AS 11.61.125; 29-(8) sex trafficking in violation of AS 11.66.110 - 11.66.130 that is an 30-unclassified, class A, or class B felony or that is committed against a person who, at 31- 34-LS1470\A-SB0247A -7- SB 247- New Text Underlined [DELETED TEXT BRACKETED]--the time of the offense, was under 20 years of age; 1-(9) human trafficking in violation of AS 11.41.360 or 11.41.365. 2- * Sec. 9. AS 12.55.078(f) is amended to read: 3-(f) The court may not suspend the imposition or entry of judgment and may 4-not defer prosecution under this section of a person who 5-(1) is charged with a violation of AS 11.41.100 - 11.41.220, 11.41.260 6-- 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 7-AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 8-AS 11.66.110 - 11.66.135; 9-(2) uses a firearm in the commission of the offense for which the 10-person is charged; 11-(3) has previously been granted a suspension of judgment under this 12-section or a similar statute in another jurisdiction, unless the court enters written 13-findings that by clear and convincing evidence the person's prospects for rehabilitation 14-are high and suspending judgment under this section adequately protects the victim of 15-the offense, if any, and the community; 16-(4) is charged with a violation of AS 11.41.230, 11.41.250, or a felony 17-and the person has one or more prior convictions for a misdemeanor violation of 18-AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 19-having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 20-felony in this state; for the purposes of this paragraph, a person shall be considered to 21-have a prior conviction even if 22-(A) the charges were dismissed under this section; 23-(B) the conviction has been set aside under AS 12.55.085; or 24-(C) the charge or conviction was dismissed or set aside under 25-an equivalent provision of the laws of another jurisdiction; or 26-(5) is charged with a crime involving domestic violence, as defined in 27-AS 18.66.990. 28- * Sec. 10. AS 12.55.085(f) is amended to read: 29-(f) The court may not suspend the imposition of sentence of a person who 30-(1) is convicted of a violation of AS 11.41.100 - 11.41.220, 11.41.260 31- 34-LS1470\A-SB 247 -8- SB0247A- New Text Underlined [DELETED TEXT BRACKETED]--- 11.41.320, 11.41.360 - 11.41.370, 11.41.410 - 11.41.530, AS 11.46.400, 1-AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], or 2-AS 11.66.110 - 11.66.135; 3-(2) uses a firearm in the commission of the offense for which the 4-person is convicted; or 5-(3) is convicted of a violation of AS 11.41.230 - 11.41.250 or a felony 6-and the person has one or more prior convictions for a misdemeanor violation of 7-AS 11.41 or for a felony or for a violation of a law in this or another jurisdiction 8-having similar elements to an offense defined as a misdemeanor in AS 11.41 or as a 9-felony in this state; for the purposes of this paragraph, a person shall be considered to 10-have a prior conviction even if that conviction has been set aside under (e) of this 11-section or under the equivalent provision of the laws of another jurisdiction. 12- * Sec. 11. AS 12.55.100(e) is amended to read: 13-(e) In addition to other conditions imposed on the defendant, while on 14-probation and as a condition of probation 15-(1) for a sex offense, as described in AS 12.63.100, the defendant 16-(A) shall be required to submit to regular periodic polygraph 17-examinations; 18-(B) may be required to provide each electronic mail address, 19-instant messaging address, and other Internet communication identifier that the 20-defendant uses to the defendant's probation officer; the probation officer shall 21-forward those addresses and identifiers to the Alaska state troopers and to the 22-local law enforcement agency; 23-(2) if the defendant was convicted of a violation of AS 11.41.434 - 24-11.41.455, AS 11.61.121, 11.61.122, 11.61.125 - 11.61.128 [AS 11.61.125 - 25-11.61.128], or a similar offense in another jurisdiction, the defendant may be required 26-to refrain from 27-(A) using or creating an Internet site; 28-(B) communicating with children under 16 years of age; 29-(C) possessing or using a computer; or 30-(D) residing within 500 feet of school grounds; in this 31- 34-LS1470\A-SB0247A -9- SB 247- New Text Underlined [DELETED TEXT BRACKETED]--subparagraph, "school grounds" has the meaning given in AS 11.71.900. 1- * Sec. 12. AS 12.55.125(i) is amended to read: 2-(i) A defendant convicted of 3-(1) sexual assault in the first degree under AS 11.41.410(a)(1)(A), (2), 4-(3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor 5-under AS 11.41.455(c)(2), or sex trafficking in the first degree under 6-AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 7-than 99 years and shall be sentenced to a definite term within the following 8-presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 9-(A) if the offense is a first felony conviction, the offense does 10-not involve circumstances described in (B) of this paragraph, and the victim 11-was 12-(i) less than 13 years of age, 25 to 35 years; 13-(ii) 13 years of age or older, 20 to 30 years; 14-(B) if the offense is a first felony conviction and the defendant 15-possessed a firearm, used a dangerous instrument, or caused serious physical 16-injury during the commission of the offense, 25 to 35 years; 17-(C) if the offense is a second felony conviction and does not 18-involve circumstances described in (D) of this paragraph, 30 to 40 years; 19-(D) if the offense is a second felony conviction and the 20-defendant has a prior conviction for a sexual felony, 35 to 45 years; 21-(E) if the offense is a third felony conviction and the defendant 22-is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 23-to 60 years; 24-(F) if the offense is a third felony conviction, the defendant is 25-not subject to sentencing under (l) of this section, and the defendant has two 26-prior convictions for sexual felonies, 99 years; 27-(2) sexual assault in the first degree under AS 11.41.410(a)(1)(B), 28-unlawful exploitation of a minor under AS 11.41.455(c)(1), enticement of a minor 29-under AS 11.41.452(e), or attempt, conspiracy, or solicitation to commit sexual assault 30-in the first degree under AS 11.41.410(a)(1)(A), (2), (3), or (4), sexual abuse of a 31- 34-LS1470\A-SB 247 -10- SB0247A- New Text Underlined [DELETED TEXT BRACKETED]--minor in the first degree, or sex trafficking in the first degree under 1-AS 11.66.110(a)(2) may be sentenced to a definite term of imprisonment of not more 2-than 99 years and shall be sentenced to a definite term within the following 3-presumptive ranges, subject to adjustment as provided in AS 12.55.155 - 12.55.175: 4-(A) if the offense is a first felony conviction, the offense does 5-not involve circumstances described in (B) of this paragraph, and the victim 6-was 7-(i) under 13 years of age, 20 to 30 years; 8-(ii) 13 years of age or older, 15 to 30 years; 9-(B) if the offense is a first felony conviction and the defendant 10-possessed a firearm, used a dangerous instrument, or caused serious physical 11-injury during the commission of the offense, 25 to 35 years; 12-(C) if the offense is a second felony conviction and does not 13-involve circumstances described in (D) of this paragraph, 25 to 35 years; 14-(D) if the offense is a second felony conviction and the 15-defendant has a prior conviction for a sexual felony, 30 to 40 years; 16-(E) if the offense is a third felony conviction, the offense does 17-not involve circumstances described in (F) of this paragraph, and the defendant 18-is not subject to sentencing under (l) of this section, 35 to 50 years; 19-(F) if the offense is a third felony conviction, the defendant is 20-not subject to sentencing under (l) of this section, and the defendant has two 21-prior convictions for sexual felonies, 99 years; 22-(3) sexual assault in the second degree, sexual abuse of a minor in the 23-second degree, enticement of a minor under AS 11.41.452(d), indecent exposure in the 24-first degree under AS 11.41.458(b)(2), distribution of generated obscene child 25-sexual abuse material under AS 11.61.121(d)(2), distribution of child sexual abuse 26-material under AS 11.61.125(e)(2), patron of a victim of sex trafficking under 27-AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault in the 28-first degree under AS 11.41.410(a)(1)(B) may be sentenced to a definite term of 29-imprisonment of not more than 99 years and shall be sentenced to a definite term 30-within the following presumptive ranges, subject to adjustment as provided in 31- 34-LS1470\A-SB0247A -11- SB 247- New Text Underlined [DELETED TEXT BRACKETED]--AS 12.55.155 - 12.55.175: 1-(A) if the offense is a first felony conviction, five to 15 years; 2-(B) if the offense is a second felony conviction and does not 3-involve circumstances described in (C) of this paragraph, 10 to 25 years; 4-(C) if the offense is a second felony conviction and the 5-defendant has a prior conviction for a sexual felony, 15 to 30 years; 6-(D) if the offense is a third felony conviction and does not 7-involve circumstances described in (E) of this paragraph, 20 to 35 years; 8-(E) if the offense is a third felony conviction and the defendant 9-has two prior convictions for sexual felonies, 99 years; 10-(4) sexual assault in the third degree, sexual abuse of a minor in the 11-third degree under AS 11.41.438(c), incest, indecent exposure in the first degree under 12-AS 11.41.458(b)(1), distribution of generated obscene child sexual abuse material 13-under AS 11.61.121(d)(1), possession of generated obscene child sexual abuse 14-material, indecent viewing or production of a picture under AS 11.61.123(g)(1) or 15-(2), possession of child sexual abuse material, distribution of child sexual abuse 16-material under AS 11.61.125(e)(1), patron of a victim of sex trafficking under 17-AS 11.66.137, or attempt, conspiracy, or solicitation to commit sexual assault in the 18-second degree, sexual abuse of a minor in the second degree, distribution of 19-generated obscene child sexual abuse material, unlawful exploitation of a minor, 20-distribution of child sexual abuse material under AS 11.61.125(e)(2), or patron of a 21-victim of sex trafficking under AS 11.66.137, may be sentenced to a definite term of 22-imprisonment of not more than 99 years and shall be sentenced to a definite term 23-within the following presumptive ranges, subject to adjustment as provided in 24-AS 12.55.155 - 12.55.175: 25-(A) if the offense is a first felony conviction and does not 26-involve the circumstances described in (B) or (C) of this paragraph, two to 12 27-years; 28-(B) if the offense is a first felony conviction under 29-AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)] and does not 30-involve circumstances described in (C) of this paragraph, four to 12 years; 31- 34-LS1470\A-SB 247 -12- SB0247A- New Text Underlined [DELETED TEXT BRACKETED]--(C) if the offense is a first felony conviction under 1-AS 11.61.121(d)(1) or 11.61.125(e)(1) [AS 11.61.125(e)(1)], and the 2-defendant hosted, created, or helped host or create a mechanism for multi-party 3-sharing or distribution of generated obscene child sexual abuse material or 4-child sexual abuse material, or received a financial benefit or had a financial 5-interest in a generated obscene child sexual abuse material or child sexual 6-abuse material sharing or distribution mechanism, six to 14 years; 7-(D) if the offense is a second felony conviction and does not 8-involve circumstances described in (E) of this paragraph, eight to 15 years; 9-(E) if the offense is a second felony conviction and the 10-defendant has a prior conviction for a sexual felony, 12 to 20 years; 11-(F) if the offense is a third felony conviction and does not 12-involve circumstances described in (G) of this paragraph, 15 to 25 years; 13-(G) if the offense is a third felony conviction and the defendant 14-has two prior convictions for sexual felonies, 99 years. 15- * Sec. 13. AS 12.55.127(d) is amended to read: 16-(d) If the defendant is being sentenced for two or more crimes of distribution 17-of generated obscene child sexual abuse material under AS 11.61.121, possession 18-of generated obscene child sexual abuse material under AS 11.61.122, distribution 19-of child sexual abuse material under AS 11.61.125, possession of child sexual abuse 20-material under AS 11.61.127, or distribution of indecent material to minors under 21-AS 11.61.128, a consecutive term of imprisonment shall be imposed for some 22-additional term of imprisonment for each additional crime or each additional attempt 23-or solicitation to commit the offense. 24- * Sec. 14. AS 12.55.185(16) is amended to read: 25-(16) "sexual felony" means sexual assault in the first degree, sexual 26-abuse of a minor in the first degree, sex trafficking in the first degree, sexual assault in 27-the second degree, sexual abuse of a minor in the second degree, sexual abuse of a 28-minor in the third degree under AS 11.41.438(c), unlawful exploitation of a minor, 29-patron of a victim of sex trafficking, distribution of generated obscene child sexual 30-abuse material, possession of generated obscene child sexual abuse material, 31- 34-LS1470\A-SB0247A -13- SB 247- New Text Underlined [DELETED TEXT BRACKETED]--indecent viewing or production of a picture under AS 11.61.123(g)(1) or (2), 1-distribution of child sexual abuse material, sexual assault in the third degree, incest, 2-indecent exposure in the first degree, possession of child sexual abuse material, 3-enticement of a minor, and felony attempt, conspiracy, or solicitation to commit those 4-crimes; 5- * Sec. 15. AS 12.62.900(22) is amended to read: 6-(22) "serious offense" means a conviction for a violation or for an 7-attempt, solicitation, or conspiracy to commit a violation of any of the following laws, 8-or of the laws of another jurisdiction with substantially similar elements: 9-(A) a felony offense; 10-(B) a crime involving domestic violence; 11-(C) AS 11.41.410 - 11.41.470; 12-(D) AS 11.51.130, 11.51.200 - 11.51.220, or AS 11.56.100 - 13-11.56.210 [OR 11.51.200 - 11.56.210]; 14-(E) AS 11.61.110(a)(7), 11.61.121, or 11.61.125; 15-(F) AS 11.66.100 - 11.66.130; 16-(G) former AS 11.15.120, former 11.15.134, or assault with the 17-intent to commit rape under former AS 11.15.160; or 18-(H) former AS 11.40.080, 11.40.110, 11.40.130, or 11.40.200 - 19-11.40.420, if committed before January 1, 1980. 20- * Sec. 16. AS 14.20.030(b) is amended to read: 21-(b) The commissioner or the Professional Teaching Practices Commission 22-shall revoke for life the certificate of a person who has been convicted of a crime, or 23-an attempt, solicitation, or conspiracy to commit a crime, involving a minor under 24-AS 11.41.410 - 11.41.460, AS 11.61.121, 11.61.122, 11.61.125 [AS 11.61.125], or 25-11.61.127, or a law or ordinance in another jurisdiction with elements similar to an 26-offense described in this subsection. 27- * Sec. 17. AS 28.15.046(c) is amended to read: 28-(c) The department may not issue a license under this section to an applicant 29-(1) who has been convicted of any of the following offenses: 30-(A) a violation, or an attempt, solicitation, or conspiracy to 31- 34-LS1470\A-SB 247 -14- SB0247A- New Text Underlined [DELETED TEXT BRACKETED]--commit a violation, of AS 11.41.100 - 11.41.220, 11.41.260 - 11.41.320, 1-11.41.360 - 11.41.370, 11.41.410 - 11.41.470, or 11.41.500 - 11.41.530; 2-(B) a felony violation of endangering the welfare of a child in 3-the first degree under AS 11.51.100; 4-(C) felony indecent viewing or production of a picture under 5-AS 11.61.123; 6-(D) distribution of child sexual abuse material under 7-AS 11.61.125; 8-(E) possession of child sexual abuse material under 9-AS 11.61.127; 10-(F) distribution of indecent material to minors under 11-AS 11.61.128; 12-(G) patron of a victim of sex trafficking under AS 11.66.137; 13-(H) sex trafficking in the first, second, or third degree under 14-AS 11.66.110 - 11.66.130; 15-(I) a felony involving distribution of a controlled substance 16-under AS 11.71 or imitation controlled substance under AS 11.73; 17-(J) a felony violation under AS 28.35.030(n) or 28.35.032(p); 18-(K) distribution of generated obscene child sexual abuse 19-material under AS 11.61.121; 20-(L) possession of generated obscene child sexual abuse 21-material under AS 11.61.122; or 22-(2) who has been convicted of any of the following offenses and less 23-than two years have elapsed since the applicant's date of conviction for the offense: 24-(A) assault in the fourth degree under AS 11.41.230; 25-(B) reckless endangerment under AS 11.41.250; 26-(C) contributing to the delinquency of a minor under 27-AS 11.51.130; 28-(D) misdemeanor prostitution under AS 11.66.100(a)(2); 29-(E) a misdemeanor violation of endangering the welfare of a 30-child in the first degree under AS 11.51.100. 31- 34-LS1470\A-SB0247A -15- SB 247- New Text Underlined [DELETED TEXT BRACKETED]-- * Sec. 18. AS 44.23.080(a) is amended to read: 1-(a) If there is reasonable cause to believe that an Internet service account has 2-been used in connection with a violation of AS 11.41.452, 11.41.455, or 3-AS 11.61.121, 11.61.122, or 11.61.125 - 11.61.128 [AS 11.61.125 - 11.61.128], and 4-that the identity, address, and other information about the account owner will assist in 5-obtaining evidence that is relevant to the offense, a law enforcement officer may apply 6-to the attorney general or the attorney general's designee for an administrative 7-subpoena to obtain the business records of the Internet service provider located inside 8-or outside of the state. 9- * Sec. 19. AS 47.12.110(d) is amended to read: 10-(d) Notwithstanding (a) of this section, a court hearing on a petition seeking 11-the adjudication of a minor as a delinquent shall be open to the public, except as 12-prohibited or limited by order of the court, if 13-(1) the department files with the court a motion asking the court to 14-open the hearing to the public, and the petition seeking adjudication of the minor as a 15-delinquent is based on 16-(A) the minor's alleged commission of an offense, and the 17-minor has knowingly failed to comply with all the terms and conditions 18-required of the minor by the department or imposed on the minor in a court 19-order entered under AS 47.12.040(a)(2) or 47.12.120; 20-(B) the minor's alleged commission of 21-(i) a crime against a person that is punishable as a 22-felony; 23-(ii) a crime in which the minor employed a deadly 24-weapon, as that term is defined in AS 11.81.900(b), in committing the 25-crime; 26-(iii) arson under AS 11.46.400 - 11.46.410; 27-(iv) burglary under AS 11.46.300; 28-(v) distribution of child sexual abuse material under 29-AS 11.61.125; 30-(vi) sex trafficking in the first degree under 31- 34-LS1470\A-SB 247 -16- SB0247A- New Text Underlined [DELETED TEXT BRACKETED]--AS 11.66.110; 1-(vii) distribution of generated obscene child sexual 2-abuse material under AS 11.61.121; or 3-(viii) [OR (vii)] misconduct involving a controlled 4-substance under AS 11.71 involving the delivery of a controlled 5-substance or the possession of a controlled substance with intent to 6-deliver, other than an offense under AS 11.71.040 or 11.71.050; or 7-(C) the minor's alleged commission of a felony and the minor 8-was 16 years of age or older at the time of commission of the offense when the 9-minor has previously been convicted or adjudicated a delinquent minor based 10-on the minor's commission of an offense that is a felony; or 11-(2) the minor agrees to a public hearing on the petition seeking 12-adjudication of the minor as a delinquent. 13- * Sec. 20. AS 47.12.315(a) is amended to read: 14-(a) Notwithstanding AS 47.12.310 and except as otherwise provided in this 15-section, the department shall disclose information to the public, on request, concerning 16-a minor subject to this chapter who was at least 13 years of age at the time of 17-commission of 18-(1) a felony offense against a person under AS 11.41; 19-(2) arson in the first or second degree; 20-(3) burglary in the first degree; 21-(4) distribution of child sexual abuse material; 22-(5) sex trafficking in the first degree; 23-(6) misconduct involving a controlled substance in the first, second, or 24-third degrees involving distribution or possession with intent to deliver; [OR] 25-(7) misconduct involving weapons in the first through fourth degrees; 26-or 27-(8) distribution of generated obscene child sexual abuse material 28-under AS 11.61.121. 29- * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 30-read: 31- 34-LS1470\A-SB0247A -17- SB 247- New Text Underlined [DELETED TEXT BRACKETED]--APPLICABILITY. (a) The following sections apply to offenses committed on or after 1-the effective date of those sections: 2-(1) AS 11.61.120(a), as amended by sec. 1 of this Act; 3-(2) AS 11.61.125(e), as amended by sec. 3 of this Act; 4-(3) AS 11.61.127(a), as amended by sec. 4 of this Act; 5-(4) AS 11.61.127(b), as amended by sec. 5 of this Act; 6-(5) AS 11.61.129(a), as amended by sec. 6 of this Act; and 7-(6) AS 11.66.100(c), as amended by sec. 7 of this Act. 8-(b) The following sections apply to sentences imposed on or after the effective date of 9-those sections for conduct occurring on or after the effective date of those sections: 10-(1) AS 12.55.078(f), as amended by sec. 9 of this Act; 11-(2) AS 12.55.085(f), as amended by sec. 10 of this Act; 12-(3) AS 12.55.125(i), as amended by sec. 12 of this Act; 13-(4) AS 12.55.185(16), as amended by sec. 14 of this Act; 14-(5) AS 12.62.900(22), as amended by sec. 15 of this Act; 15-(6) AS 14.20.030(b), as amended by sec. 16 of this Act. 16+SB 247 combats this influx of computer-generated child sexual abuse material involving+children. To avoid conflict with First Amendment rights, the bill employs the Miller+test, which the U.S. Supreme Court created to determine what is obscene and therefore+not protected by the First Amendment. By criminalizing both manufacture and+distribution of synthetic CSAM, SB 247 deters and punishes those who would use+emerging technologies to prey on children.
Diffs are computed deterministically from extracted bill text and show additions, deletions, and section moves. Scanned-PDF text extracted via OCR is flagged where confidence is low; see methodology.