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Title 11. Criminal Law - Chap 41. Offenses Against the Person - Art 4. Sexual Offenses

Section 410. Sexual Assault in the First Degree.
(a) An offender commits the crime of sexual assault in the first degree if
(1) the offender engages in sexual penetration with another person without consent of that person;
(2) the offender attempts to engage in sexual penetration with another person without consent of that person and causes serious physical injury to that person;
(3) the offender engages in sexual penetration with another person
(A) who the offender knows is mentally incapable; and
(B) who is entrusted to the offender's care
(i) by authority of law; or
(ii) in a facility or program that is required by law to be licensed by the Department of Health and Social Services; or
(4) the offender engages in sexual penetration with a person who the offender knows is unaware that a sexual act is being committed and (A) the offender is a health care worker; and
(B) the offense takes place during the course of professional treatment of the victim.
(b) Sexual assault in the first degree is an unclassified felony and is punishable as provided in AS 12.55.

Section 420. Sexual Assault in the Second Degree.
(a) An offender commits the crime of sexual assault in the second degree if
(1) the offender engages in sexual contact with another person without consent of that person;
(2) the offender engages in sexual contact with a person
(A) who the offender knows is mentally incapable; and
(B) who is entrusted to the offender's care
(i) by authority of law; or
(ii) in a facility or program that is required by law to be licensed by the Department of Health and Social Services;
(3) the offender engages in sexual penetration with a person who the offender knows is
(A) mentally incapable;
(B) incapacitated; or
(C) unaware that a sexual act is being committed; or
(4) the offender engages in sexual contact with a person who the offender knows is unaware that a sexual act is being committed and
(A) the offender is a health care worker; and
(B) the offense takes place during the course of professional treatment of the victim.
(b) Sexual assault in the second degree is a class B felony.

Section 425. Sexual Assault in the Third Degree.
(a) An offender commits the crime of sexual assault in the third degree if the offender engages in sexual contact with a person who the offender knows is
(1) mentally incapable;
(2) incapacitated; or
(3) unaware that a sexual act is being committed.
(b) Sexual assault in the third degree is a class C felony.

Section 432. Defenses.
(a) It is a defense to a crime charged under AS 11.41.410(a)(3), 11.41.420(a)(2), 11.41.420(a)(3), or 11.41.425 that the offender is
(1) mentally incapable; or
(2) married to the person and neither party has filed with the court for a separation, divorce, or dissolution of the marriage.
(b) Except as provided in (a) of this section, in a prosecution under AS 11.41.410 or 11.41.420, it is not a defense that the victim was, at the time of the alleged offense, the legal spouse of the defendant.

Section 434. Sexual Abuse of a Minor in the First Degree.
(a) An offender commits the crime of sexual abuse of a minor in the first degree if
(1) being 16 years of age or older, the offender engages in sexual penetration with a person who is under 13 years of age or aids, induces, causes, or encourages a person who is under 13 years of age to engage in sexual penetration with another person;
(2) being 18 years of age or older, the offender engages in sexual penetration with a person who is under 18 years of age, and the offender is the victim's natural parent, stepparent, adopted parent, or legal guardian; or
(3) being 18 years of age or older, the offender engages in sexual penetration with a person who is under 16 years of age, and
(A) the victim at the time of the offense is residing in the same household as the offender and the offender has authority over the victim; or
(B) the offender occupies a position of authority in relation to the victim.
(b) Sexual abuse of a minor in the first degree is an unclassified felony and is punishable as provided in AS 12.55.

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