In this chapter,

(1) “aggravated sex offense” means

Terms Used In Alaska Statutes 12.63.100

  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • 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
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • 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
(A) a crime under Alaska Stat. § 11.41.100 (a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit a sexual offense, or a similar offense under the laws of the other jurisdiction; in this subparagraph, “sexual offense” has the meaning given in Alaska Stat. § 11.41.100 (a)(3);
(B) a crime under Alaska Stat. § 11.41.110 (a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit one of the following crimes, or a similar law of another jurisdiction:

(i) sexual assault in the first degree;
(ii) sexual assault in the second degree;
(iii) sexual abuse of a minor in the first degree; or
(iv) sexual abuse of a minor in the second degree;
(C) a crime, or an attempt, solicitation, or conspiracy to commit a crime, under Alaska Stat. § 11.41.410, 11.41.434, or a similar law of another jurisdiction or a similar provision under a former law of this state; or
(D) an offense, or an attempt, solicitation, or conspiracy to commit an offense, under

(i)Alaska Stat. § 26.05.890, or a similar law of another jurisdiction, if the person engaged in or attempted to engage in sexual penetration; or
(ii) Alaska Stat. § 26.05.893, or a similar law of another jurisdiction, if the prohibited sexual activity in which the member of the militia engaged or attempted to engage is sexual penetration;
(2) “child kidnapping” means

(A) a crime under Alaska Stat. § 11.41.100 (a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit kidnapping;
(B) a crime under Alaska Stat. § 11.41.110 (a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit kidnapping if the victim was under 18 years of age at the time of the offense;
(C) a crime, or an attempt, solicitation, or conspiracy to commit a crime, under Alaska Stat. § 11.41.300, or a similar law of another jurisdiction or a similar provision under a former law of this state, if the victim was under 18 years of age at the time of the offense; or
(D) an offense, or an attempt, solicitation, or conspiracy to commit an offense, under Alaska Stat. § 26.05.935 (b), or a similar law of another jurisdiction, if the

(i) member of the militia commits the enumerated offense of kidnapping, punishable under Article 134, 10 U.S.C. § 934 (Uniform Code of Military Justice); and
(ii) victim was under 18 years of age at the time of the offense;
(3) “conviction” means that an adult, or a juvenile charged as an adult under Alaska Stat. Chapter 47.12 or a similar procedure in another jurisdiction, has entered a plea of guilty, guilty but mentally ill, or nolo contendere, or has been found guilty or guilty but mentally ill by a court or jury, of a sex offense or child kidnapping regardless of whether the judgment was set aside under Alaska Stat. § 12.55.085 or a similar procedure in another jurisdiction or was the subject of a pardon or other executive clemency; “conviction” does not include a judgment that has been reversed or vacated by a court;
(4) “department” means the Department of Public Safety;
(5) “sexual contact” has the meaning given in Alaska Stat. § 11.81.900;
(6) “sex offender or child kidnapper” means

(A) a person convicted of a sex offense or child kidnapping in this state or another jurisdiction regardless of whether the conviction occurred before, after, or on January 1, 1999; or
(B) a person charged and convicted as an adult of an offense that requires registration as a sex offender or child kidnapper in another jurisdiction;
(7) “sex offense” means

(A) a crime under Alaska Stat. § 11.41.100 (a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit a sexual offense, or a similar offense under the laws of the other jurisdiction; in this subparagraph, “sexual offense” has the meaning given in Alaska Stat. § 11.41.100 (a)(3);
(B) a crime under Alaska Stat. § 11.41.110 (a)(3), or a similar law of another jurisdiction, in which the person committed or attempted to commit one of the following crimes, or a similar law of another jurisdiction:

(i) sexual assault in the first degree;
(ii) sexual assault in the second degree;
(iii) sexual abuse of a minor in the first degree; or
(iv) sexual abuse of a minor in the second degree;
(C) a crime, or an attempt, solicitation, or conspiracy to commit a crime, under the following statutes or a similar law of another jurisdiction:

(i)Alaska Stat. § 11.41.41011.41.438;
(ii)Alaska Stat. § 11.41.440 (a)(2);
(iii)Alaska Stat. § 11.41.45011.41.458;
(iv)Alaska Stat. § 11.41.460 or Alaska Stat. § 26.05.900 (c) if the indecent exposure is before a person under 16 years of age and the offender has previously been convicted under Alaska Stat. § 11.41.460 or Alaska Stat. § 26.05.900 (c);
(v)Alaska Stat. § 11.61.12511.61.128;
(vi)Alaska Stat. § 11.66.110, 11.66.130 (a)(2)(B), or Alaska Stat. § 26.05.900 (b) if the person who was induced or caused to engage in prostitution was under 20 years of age at the time of the offense;
(vii) former Alaska Stat. § 11.15.120, former 11.15.134, or assault with the intent to commit rape under former Alaska Stat. § 11.15.160, former Alaska Stat. § 11.40.110, or former 11.40.200;
(viii)Alaska Stat. § 11.61.118 (a)(2) if the offender has a previous conviction for that offense;
(ix)Alaska Stat. § 11.66.100 (a)(2) if the offender is subject to punishment under Alaska Stat. § 11.66.100 (e);
(x)Alaska Stat. § 26.05.890 if the person engaged in sexual penetration or sexual contact with the victim;
(xi)Alaska Stat. § 26.05.890 if, at the time of the offense, the victim is under a duty to obey the lawful orders of the offender, regardless of whether the offender is in the direct chain of command over the victim;
(xii)Alaska Stat. § 26.05.893 if the person engaged in sexual penetration or sexual contact with the victim;
(xiii)Alaska Stat. § 26.05.900 (a)(1) – (4) if the victim is under 18 years of age at the time of the offense;
(xiv)Alaska Stat. § 26.05.900 if, at the time of the offense, the victim is under a duty to obey the lawful orders of the offender, regardless of whether the offender is in the direct chain of command over the victim; or
(xv)Alaska Stat. § 11.61.123 if the offender is subject to punishment under Alaska Stat. § 11.61.123 (f)(1) or (2);
(D) an offense, or an attempt, solicitation, or conspiracy to commit an offense, under Alaska Stat. § 26.05.935 (b), or a similar law of another jurisdiction, if the member of the militia commits one of the following enumerated offenses punishable under Article 134, 10 U.S.C. § 934 (Uniform Code of Military Justice):

(i) child pornography; or
(ii) pandering and prostitution if the person who is induced, enticed, caused, or procured to engage in a sexual act is under 20 years of age at the time of the offense; or
(E) an offense in which the person is required to register as a sex offender under the laws of another jurisdiction;
(8) “sexual penetration” has the meaning given in Alaska Stat. § 11.81.900;
(9) “unconditional discharge” has the meaning given in Alaska Stat. § 12.55.185.