(a) An offender commits the crime of sexual assault in the second degree if

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Terms Used In Alaska Statutes 11.41.420

  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(1) the offender engages in sexual contact with another person

(A) without consent of that person by

(i) the use of force or the express or implied threat of force against any person or property; or
(ii) causing the person to become incapacitated;
(B) by impersonating someone known to the person for the purpose of obtaining consent;
(2) the offender engages in sexual contact with a person

(A) who the offender knows is mentally incapable; and
(B) who is in the offender’s care

(i) by authority of law; or
(ii) in a facility or program that is required by law to be licensed by the state;
(3) the offender engages in sexual penetration with a person who is

(A) mentally incapable;
(B) incapacitated; or
(C) unaware that a sexual act is being committed;
(4) the offender engages in sexual contact with a person who the offender knows is unaware that a sexual act is being committed and

(A) the offender is a health care worker; and
(B) the offense takes place during the course of professional treatment of the victim; or
(5) under circumstances not proscribed under Alaska Stat. § 11.41.410, the offender engages in sexual penetration with another person without consent of that person.
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