Laws Pertaining to Sexting in the State of Alaska
Currently, Alaska could prosecute individuals - regardless of age - who are caught promoting, distributing or possessing sexually explicit images of a minor under the State’s child pornography laws. However, the Alaska state legislature has recently proposed legislation that would lighten the punishment for individuals at least 16 years old who are engaged in sexting. Minors under the age of 16 who are caught distributing sexually explicit images of themselves will not be prosecuted under the statute.
Both Houses of the Alaska State Legislature have proposed bills that would lessen the sentences a minor, 16 years old or older could receive if they are caught sending sexually explicit images of themselves without their parent’s consent. The Governor has indicated that he is supportive of the proposed bill. Until the proposed bill or another similar bill becomes law, then anyone who promotes, distributes or possesses an image of minor engaged in a sexually explicit act may be prosecuted under the State’s child pornography laws and if convicted, may face serious jail time and will generally be required to register as a sex offender.
Law and Punishment
The bill amends Alaska’s child pornography laws to include “Sending an explicit image of a minor”, such provision generally states:
- A person commits the crime of sending an explicit image of a minor if the person:
- Publishes or distributes an electronic or printed sexually explicit photograph, picture, or film of a minor under 16 years of age; and
- Makes the publication or distribution without the consent of the parent or legal guardian of such minor.
- Sending an explicit image of a minor provision will not apply to a minor under 16 years of age who publishes or distributes an explicit image of themselves.
- If caught, the punishment is:
- A class B misdemeanor if the person publishes or distributes the depiction to one or two other people and punishable by up to 90 days in jail;
- A class A misdemeanor if the person publishes or distributes the depiction to three or more other people and punishable by up to 1 year in jail;
- A class C felony if the person publishes or distributes the depiction on the Internet. Such a felony is punishable by up to 5 years in jail.
Still could be guilty of a misdemeanor.
Possible jail time.
Increased punishment if image is published on the Internet.
Latest News Concerning Sexting in Alaska
Juneau Empire | February 9, 2012
Times-Union | April 7, 2011
KTUU.com | February 8, 2011
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