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

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonyup to 5 yearsup to $50,000
For details, see Alaska Stat. § 12.55.125
criminal case

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Terms Used In Alaska Statutes 11.41.425

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • municipality: means a political subdivision incorporated under the laws of the state that is a home rule or general law city, a home rule or general law borough, or a unified municipality. See Alaska Statutes 01.10.060
  • peace officer: means
    (A) an officer of the state troopers. See Alaska Statutes 01.10.060
  • 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
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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) engages in sexual contact with a person who 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 Family and Community Services under Alaska Stat. Chapter 47.10 or Alaska Stat. Chapter 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;
(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 Family and Community Services; or
(7) under circumstances not proscribed under Alaska Stat. § 11.41.420, the offender engages in sexual contact with another person without consent of that person; in this paragraph, “sexual contact” does not include an offender knowingly causing a person to come into contact with semen.
(b) In this section,

(1) “juvenile facility staff” means a person employed in a juvenile detention facility or juvenile treatment facility as those terms are defined in Alaska Stat. § 47.12.990;
(2) “juvenile probation officer” has the meaning given in Alaska Stat. § 47.12.990 ;
(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.
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