For purposes of Alaska Stat. § 11.41.410 – 11.41.470, unless the context requires otherwise,

(1) “health care worker” includes a person who is or purports to be an acupuncturist, advanced practice registered nurse, anesthesiologist, certified direct-entry midwife, chiropractor, dentist, health aide, hypnotist, massage therapist, mental health counselor, midwife, nurse, occupational therapist, occupational therapy assistant, osteopath, naturopath, physical therapist, physical therapist assistant, physician, physician assistant, psychiatrist, psychological associate, psychologist, radiologist, religious healing practitioner, surgeon, x-ray technician, or a substantially similar position;
criminal case

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Terms Used In Alaska Statutes 11.41.470

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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.
  • 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.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • Statute: A law passed by a legislature.
(2) “incapacitated” means temporarily incapable of appraising the nature of one’s own conduct or physically unable to express unwillingness to act;
(3) “legal guardian” means a person who is under a duty to exercise general supervision over a minor or other person committed to the custody of the Department of Family and Community Services under Alaska Stat. Chapter 47.10 or Alaska Stat. Chapter 47.12 as a result of a court order, statute, or regulation, and includes Department of Family and Community Services employees, foster parents, and staff members and other employees of treatment institutions, group homes, or youth facilities where the minor or other person is placed as a result of a court order or the action of the Department of Family and Community Services, and police officers, juvenile and adult probation officers, and social workers when those persons are exercising custodial control over a minor or other person;
(4) “mentally incapable” means suffering from a mental disease or defect that renders the person incapable of understanding the nature or consequences of the person’s conduct, including the potential for harm to that person;
(5) “position of authority” means one of the following, or a person in a substantially similar position: an employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, babysitter, police officer, correctional employee, juvenile facility staff, staff member of a treatment institution, or juvenile or adult probation officer other than when the officer or staff member is exercising custodial control over a minor;
(6) “sexual act” means sexual penetration or sexual contact;
(7) “victim” means the person alleged to have been subjected to sexual assault in any degree or sexual abuse of a minor in any degree;
(8) “without consent” means that a person

(A) with or without resisting, is coerced by the use of force against a person or property, or by the express or implied threat of death, imminent physical injury, or kidnapping to be inflicted on anyone; or
(B) is incapacitated as a result of an act of the defendant;
(9) “juvenile facility staff” has the meaning given in Alaska Stat. § 11.41.425 (b);
(10) “without consent” means that, under the totality of the circumstances surrounding the offense, there was not a freely given, reversible agreement specific to the conduct at issue; in this paragraph, “freely given” means agreement to cooperate in the act was positively expressed by word or action.
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