Alaska Statutes 11.61.128 – Distribution of indecent material to minors

(a) A person commits the crime of distribution of indecent material to minors if

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
Class B felony	up to 10 years	up to $100,000
Class C felony	up to 5 years	up to $50,000

For details, see Alaska Stat. § 12.55.125

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Terms Used In Alaska Statutes 11.61.128

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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

(1) the person, being 18 years of age or older, intentionally distributes or possesses with intent to distribute any material described in (2) and (3) of this subsection to either

(A) a child that the person knows is under 16 years of age; or

(B) another person that the person believes is a child under 16 years of age;

(2) the person knows that the material depicts the following actual or simulated conduct:

(A) sexual penetration;

(B) the lewd touching of a person’s genitals, anus, or female breast;

(C) masturbation;

(D) bestiality;

(E) the lewd exhibition of a person’s genitals, anus, or female breast; or

(F) sexual masochism or sadism; and

(3) the material is harmful to minors.

(b) In this section, it is not a defense that the victim was not actually under 16 years of age.

(c) In this section, “harmful to minors” means

(1) the average individual, applying contemporary community standards, would find that the material, taken as a whole, appeals to the prurient interest in sex for persons under 16 years of age;

(2) a reasonable person would find that the material, taken as a whole, lacks serious literary, artistic, educational, political, or scientific value for persons under 16 years of age; and

(3) the material depicts actual or simulated conduct in a way that is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable for persons under 16 years of age.

(d) Except as provided in (e) of this section, distribution of indecent material to minors is a class C felony.

(e) Distribution of indecent material to minors is a class B felony if the defendant was, at the time of the offense, required to register as a sex offender or child kidnapper under Alaska Stat. Chapter 12.63 or a similar law of another jurisdiction.

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