A. 
It is unlawful for any person or organization, as those terms are defined in AS 11.81.900(b), to knowingly exhibit, perform or present to a minor in a commercial setting a performance, exhibition or other presentation which, in whole or in part, depicts nudity, sexual conduct or sexual excitement and which is harmful to minors.
B. 
It is unlawful for a minor to knowingly exhibit, perform, or present in a commercial setting a performance, exhibition, or other presentation which, in whole or in part, depicts nudity, sexual conduct or sexual excitement and which is harmful to minors.
C. 
It is unlawful for any person or organization, as those terms are defined in AS 11.81.900(b), to knowingly admit or sell to a minor an admission ticket or pass to a performance, exhibition, or other presentation prohibited in subsection A of this section.
D. 
The provisions of this section shall not apply to a performance or exhibition harmful to minors where such performances or exhibitions are exhibited or performed under circumstances where minors are not present, are not allowed to be present, or are not able to view such performances or exhibitions. A person may comply with the requirements of this clause by physically segregating such performances and exhibitions in a manner so as to physically prohibit the access to and view of the performances and exhibitions by minors, by prominently posting at the entrances to such restricted area the words "Adults Only—You must be 18 to enter," and by enforcing such restrictions.
E. 
As used in this section, the following terms shall have the meaning given in this subsection:
"Minor"
means any person under the age of 18 years, regardless of parental permission or emancipated status.
"Nudity"
means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernible turgid state.
"Sexual conduct"
includes any of the following depicted sexual conduct:
1. 
Any act of sexual intercourse, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal.
2. 
Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound or otherwise physically restricted on the part of one so clothed.
3. 
Masturbation or lewd exhibitions of the genitals including any explicit, close-up representation of human genital organ.
4. 
Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
5. 
An act of sexual assault where physical violence or drugs are employed to overcome the will of or achieve the consent of a person to an act of sexual conduct and the effects or results of the violence or drugs are shown.
"Sexual excitement"
means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
"Harmful to minors"
means that quality of any description, representation, performance or exhibition, in whatever form, of nudity, sexual conduct, or sexual excitement, when it:
1. 
Predominantly appeals to the prurient, shameful, or morbid interest of minors in sex;
2. 
Is patently offensive to contemporary standards in the adult community as a whole with respect to what is suitable sexual material for minors; and
3. 
Taken as a whole, lacks serious literary, artistic, political, or scientific value.
"Knowingly"
means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry or both regarding:
1. 
The character and content of any material which is reasonably susceptible of examination by the defendant; and
2. 
The age of a minor; provided, however, that an honest mistake shall constitute an excuse from liability under this subsection if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
F. 
Violation of this section is a class B misdemeanor.
(AO No. 91-53; AO No. 93-133(S), § 1, 11-4-1993; AO No. 98-59(S), § 1, 5-19-1998; AO No. 2003-73, § 3, 4-22-2003; AO No. 2014-42, § 7, 6-21-2014)
A. 
Definitions. In construing and applying this section, the following definitions shall apply:
"Harmful to minors"
means that quality of any description or representation, in whatever form, of sexual conduct, sexual excitement, or sado-masochistic abuse if, when taken as a whole, it:
1. 
According to contemporary community standards appeals to the prurient interest in sex;
2. 
Portrays sexual conduct, sexual excitement or sado-masochistic abuse; and
3. 
Does not have serious literary, artistic, political or scientific value.
"Indecent material"
means a picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexual excitement, sexual conduct, or sado-masochistic abuse which is harmful to minors; a book, pamphlet, magazine, printed matter, however produced, or sound recording which contains any matter enumerated in this definition or explicit and detailed verbal description or narrative accounts of sexual excitement, sexual conduct, or sado-masochistic abuse, and which is harmful to minors; or an enactment of sexual conduct or sado-masochistic abuse, or exhibition of sexual excitement, by one or more persons.
"Minor"
means a person less than 18 years old, regardless of parental permission or emancipated status.
"Sado-masochistic abuse"
means flagellation or torture by or upon a person, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.
"Sexual conduct"
means any sexual act, normal or perverted, or any act of masturbation, excretory functions, or lewd exhibition of the genitals.
"Sexual excitement"
means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.
B. 
Prohibited acts. It is unlawful for any person to knowingly:
1. 
Disseminate, distribute, offer to distribute, or exhibit indecent material to a minor;
2. 
Sell or give to a minor an admission ticket or pass to premises whereon indecent material is exhibited or to be exhibited; or
3. 
Admit a minor to premises whereon indecent material is exhibited or to be exhibited.
C. 
Affirmative defenses. In a prosecution for disseminating indecent material to minors, it is an affirmative defense that:
1. 
The defendant had reasonable cause to believe that the person involved was 18 years old or more, and such person exhibited to the defendant a driver's license, birth certificate, or other official or apparently official document purporting to establish that such person was 18 years old or more; or
2. 
The defendant is the parent or legal guardian of the minor.
D. 
Violation of this section is a class B misdemeanor.
(CAC 8.48.010—8.48.030; AO No. 93-133(S), § 2, 11-4-1993; AO No. 98-59(S), § 1, 5-19-1998; AO No. 2003-73, § 3, 4-22-2003; AO No. 2014-42, § 7, 6-21-2014)
A. 
An offender commits the crime of sexual abuse of a minor if:
1. 
Being 18 years of age or older, the offender engages in sexual contact with a person who is 16 or 17 years of age and at least three years younger than the offender, and the offender occupies a position of authority in relation to the victim.
B. 
Violation of this section is a class A misdemeanor.
(AO No. 2018-34(S), § 1, 7-26-2018)
A. 
It shall be unlawful for any person to knowingly employ, use, persuade, induce, entice or coerce any minor to engage in, or to have a minor assist any other person to engage in, any sexual excitement or sexual conduct for the purpose of producing any film, photograph, negative, slide, book, magazine, audiotape, or live performance that depicts that conduct.
B. 
It shall be unlawful for any person to knowingly photograph, film, tape, or televise a minor engaged in nudity, sexual excitement, or sexual conduct, for the purpose of producing a film, photograph, negative, slide, book, audiotape, or magazine depicting that conduct for sale or distribution to other persons.
C. 
It shall be unlawful for any person to knowingly engage in nudity, sexual excitement, or sexual conduct with a minor for the purpose of producing any film, photograph, negative, slide, book, magazine, audiotape, or live performance that depicts that conduct.
D. 
It shall be unlawful for any person to knowingly produce, publish, distribute, sell or disseminate any film, photograph, negative, slide, book, audiotape or magazine or other printed, visual, or audio medium if such person knows or has reason to know that such works are or contain graphic representations, films, photographs, negatives, or slides that depict a minor engaged in nudity, sexual excitement or sexual conduct in a patently offensive way and if:
1. 
The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; and
2. 
The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
E. 
For the purpose of this section, the following terms shall have the meaning given in this subsection:
"Minor"
means any person under the age of 18 years, regardless of parental permission or emancipated status.
"Nudity"
means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernible turgid state.
"Sexual conduct"
means actual or simulated:
1. 
Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
2. 
Bestiality;
3. 
Masturbation;
4. 
Sado-masochistic abuse (for the purpose of sexual stimulation); and
5. 
Lewd exhibition of the genitals or pubic area of any person.
"Sexual excitement"
means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
F. 
Violation of this section is a class A misdemeanor.
(AO No. 77-332A; AO No. 89-52; AO No. 90-5; AO No. 91-53; AO No. 93-133(S), § 3, 11-4-1993; AO No. 98-59(S), § 1, 5-19-1998; AO No. 2003-73, § 3, 4-22-2003; AO No. 2014-42, § 7, 6-21-2014)
A. 
Purpose. The purpose of this section is to protect children under 18 years of age whose health and well-being may be adversely affected through the infliction, by other than accidental means, of harm through physical injury or neglect, mental injury, sexual abuse, sexual exploitation, or maltreatment, by incorporating by reference the Alaska Statutes requiring certain persons to report these cases to the state department of health and social services, office of children's services, or a peace officer. It is not the intent of the assembly that persons required to report suspected abuse or neglect of a minor under this section investigate the suspected abuse or neglect before they make the required report to the department, nor ignore their statutory duty to report when there is a reasonable cause to suspect a minor is a victim of abuse or neglect. Persons required to report should not hesitate to report and delay as they weigh the consequences of reporting and the effect it may have on the person's relationship of trust and authority with the minor. The intent of the assembly is to provide for penalties for failures to report, to make sure that investigations regarding abuse and neglect of minors are conducted by trained investigators of the state, and to avoid subjecting a minor to duplicative interviews about the abuse or neglect, or to ongoing abuse or neglect harmful to the minor's present and long-term mental and physical well-being.
B. 
State mandatory reporter laws incorporated. The following state laws are hereby incorporated by reference:
1. 
The requirement of AS 47.17.020(a) that certain persons who have reasonable cause to suspect that a minor has suffered harm as a result of abuse or neglect to immediately report the harm to the nearest office of the state department of health and social services, office of children's services.
2. 
The requirement of AS 47.17.023 that certain persons providing, either privately or commercially, processing, production, or finishing services, or computer or internet services who observes a visual medium or other matter and has reasonable cause to suspect it depicts a minor engaged in conduct described in AS 11.41.455(a) to immediately report the observation to the nearest law enforcement agency.
3. 
The immunity of AS 47.17.050, including the exceptions thereto, provided to a person who, in good faith, makes a report as required by this section and the state statutes incorporated herein.
4. 
The definitions provided in AS 47.17.290.
5. 
The provisions of AS chapter 47.17, except where the context clearly refers to a state department or process, and only where reasonable and necessary to give meaning and effect to paragraphs 1 through 4.
C. 
It is unlawful for any person to fail to comply with the immediate reporting requirements of subsection B.1 or B.2 and who knew or should have known that the circumstances required the person to report.
D. 
Employer and organization culpability. Except as otherwise expressly provided, an organization is legally accountable for a failure to report constituting a violation of subsection C, if:
1. 
The failure to report is by a person who is an agent or employee of the organization who is required to report, and
a. 
The circumstances requiring a report came to the person's attention within the scope and course of employment; and
b. 
The employer organization was made aware of circumstances requiring a report and knowingly directed the person not to report, subsequently ratified the person's failure to report, or subsequently supported the person's failure to report; or
2. 
The organization recklessly failed to properly train or supervise the person with respect to the duty to report as required by law and that omission is a substantial cause for the person's failure to report.
E. 
Convictions reported to licensing authority. Upon the conviction of a person for a violation of subsection C, the municipal prosecutor shall send written notice of such conviction to the state department, board, or commission, as may be applicable, that issues or regulates a professional or occupational license or certificate held by that person.
F. 
In sentencing a defendant under this section, the court may consider as an aggravating factor whether there were additional incidents of child abuse or neglect against the same child victim, or by the perpetrator(s) of the abuse or neglect against any victim, occurring subsequent to the time when the circumstances required the duty to report and on which the defendant's conviction under this section is based.
G. 
Violation of subsection C is a class A misdemeanor and punishable in accordance with subsection 8.05.020H. Violation of subsection D is a class A misdemeanor and the organization is punishable in accordance with AS 12.55.035.
(AO No. 2018-34(S), § 1, 7-26-2018)
A. 
A person commits the crime of contributing to the delinquency of a minor if, being 19 years of age or older or being under 19 years of age and having the disabilities of minority removed for general purposes under AS 09.55.590, the person aids, induces, causes, or encourages a child:
1. 
Under 18 years of age to do any act prohibited by state law unless the child's disabilities of minority have been removed for general purposes under AS 09.55.590;
2. 
Under 18 years of age or allows a child under 18 years of age to enter or remain in the immediate physical presence of the unlawful manufacture, use, display, or delivery of a controlled substance knowing that the manufacture, use, display, or delivery is occurring, unless the child's disabilities of minority have been removed for general purposes under AS 09.55.590;
3. 
Under 16 years of age to be repeatedly absent from school, without just cause; or
4. 
Under 18 years of age to be absent from the custody of a parent, guardian, or custodian without the permission of the parent, guardian, or custodian or without the knowledge of the parent, guardian, or custodian, unless the child's disabilities of minority have been removed for general purposes under AS 09.55.590 or the person has immunity under AS 47.10.350 or 47.10.398(a); it is an affirmative defense to a prosecution under this paragraph that, at the time of the alleged offense, the defendant:
a. 
Reasonably believed that the child was in danger of physical injury or in need of temporary shelter; and
b. 
Within 12 hours after taking the actions comprising the alleged offense, notified a peace officer, a law enforcement agency, or the Department of Health and Social Services of the name of the child and the child's location.
B. 
Violation of this section is a class A misdemeanor.
(AO No. 2014-42, § 7, 6-21-2014)
A. 
A person, other than the victim, commits the crime of failure to report a violent crime committed against a child if the person:
1. 
Witnesses what the person knows or reasonably should know is:
a. 
The murder or attempted murder of a child by another;
b. 
The kidnapping or attempted kidnapping of a child by another;
c. 
The sexual penetration or attempted sexual penetration by another:
i. 
Of a child without consent of the child;
ii. 
Of a child that is mentally incapable;
iii. 
Of a child that is incapacitated; or
iv. 
Of a child that is unaware that a sexual act is being committed; or
d. 
The assault of a child by another causing serious physical injury to the child;
2. 
Knows or reasonably should know that the child is under 16 years of age; and
3. 
Does not in a timely manner report that crime to a peace officer or law enforcement agency.
B. 
In a prosecution under this section, it is an affirmative defense that the defendant:
1. 
Did not report in a timely manner because the defendant reasonably believed that doing so would have exposed the defendant or others to a substantial risk of physical injury; or
2. 
Acted to stop the commission of the crime and stopped:
a. 
The commission of the crime; or
b. 
The completion of the crime being attempted.
C. 
In this section,
"Incapacitated"
has the meaning given in AS 11.41.470;
"Mentally incapable"
has the meaning given in AS 11.41.470;
"Sexual act"
has the meaning given in AS 11.41.470;
"Without consent"
has the meaning given in AS 11.41.470.
D. 
Violation of subsection A is a class A misdemeanor.
(AO No. 2018-34(S), § 1, 7-26-2018)