(a) An offender commits the crime of sexual assault in the third degree if the offender
(1) engages in sexual contact with a person who the offender knows is
(A) mentally incapable;
(B) incapacitated; or
(C) unaware that a sexual act is being committed;
(2) while employed in a state correctional facility or other placement designated by the commissioner of corrections for the custody and care of prisoners, engages in sexual penetration with a person who the offender knows is committed to the custody of the Department of Corrections to serve a term of imprisonment or period of temporary commitment;
(3) engages in sexual penetration with a person 18 or 19 years of age who the offender knows is committed to the custody of the Department of Health and Social Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of the person;
(4) while employed in the state by a law enforcement agency as a peace officer, or while acting as a peace officer in the state, engages in sexual penetration with a person with reckless disregard that the person is in the custody or the apparent custody of the offender, or is committed to the custody of a law enforcement agency;
(5) while employed by the state or a municipality of the state as a probation officer or parole officer, or while acting as a probation officer or parole officer in the state, engages in sexual penetration with a person with reckless disregard that the person is on probation or parole; or
(6) while employed as a juvenile probation officer or as a juvenile facility staff, engages in sexual penetration with a person 18 or 19 years of age with reckless disregard that the person is committed to the custody or probationary supervision of the Department of Health and Social Services.
(b) In this section,
(1) "juvenile facility staff" means a person employed in a juvenile detention or treatment facility;
(2) "juvenile probation officer" means a person assigned to supervise another person 18 or 19 years of age who is committed to the probationary supervision of the Department of Health and Social Services;
(3) "parole officer" has the meaning given in AS 18.65.290 ;
(4) "peace officer" has the meaning given in AS 01.10.060 ;
(5) "probation officer" includes a
(A) probation officer as defined in AS 18.65.290 ; or
(B) person who supervises a participant in a specialty court, including a therapeutic or wellness court addressing alcohol or drug use, a court addressing the needs of veterans, an adult or juvenile mental health court, a fetal alcohol spectrum disorder court, or a family care or preservation court.
(c) Sexual assault in the third degree is a class C felony.
Section: Previous 11.41.410 11.41.420 11.41.425 11.41.427 11.41.430 11.41.432 11.41.434 11.41.436 11.41.438 11.41.440 11.41.443 11.41.445 11.41.450 11.41.452 11.41.455 NextLast modified: November 15, 2016