SEXUAL VIOLENCE CODES
Alaska defines first degree sexual assault as sexual penetration without consent; attempted penetration without consent that seriously injures the victim; sexual penetration with another person under the offender’s care whom the offender knows is mentally incapable of providing legal consent; and/or sexual penetration by a health care worker during the course of treatment where the offender knows the victim isn’t aware of the act.
While first degree sexual assault always involves penetration, Alaska defines second degree sexual assault as sexual contact without consent; sexual contact with another person under the offender’s care whom the offender knows is mentally incapable of providing legal consent; and/or sexual contact by a health care worker during the course of treatment where the offender knows the victim isn’t aware of the act; or sexual penetration with a victim the offender knows is mentally incapable, incapacitated, or unaware of the act.
Alaska is a partial Public Law 280 state. Except for criminal jurisdiction on the Annette Islands, the Metlakatla Alaskan Native community may exercise jurisdiction over offenses committed by Indians in the same manner in which such jurisdiction may be exercised by Indian tribes in Indian country over which state jurisdiction has not been extended. In all other cases, Public Law 280 confers criminal jurisdiction to the State of Alaska.
For purposes of clarifying and applying Alaska’s sex crime statutes, the state defines “health care worker” broadly, including massage therapists, dentists, naturopaths, physical therapists, and religious healing practitioners along with the typical healthcare professions. Likewise, “legal guardians” include people who do not directly care for a minor but who have custody and/or control over the minor, such as Department of Health and Social Services employees, police and probation officers, and social workers.