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Alaska Sex Offender Records

What is a Sex Offender?

A sex offender is a person that is convicted of a sexual crime. The common types of sexual offenses are rape, child molestation, and sexual misconduct. Different jurisdictions in the United States also have various classifications of what constitutes a sexual offense. In Alaska, there are different degrees of what may constitute sexual offenses and punishment for offenders.

Persons found guilty of sexual crimes pose threats to general public safety and wellbeing. Conviction by the state courts can lead to a loss of certain rights and privileges. It can limit where a sex offender lives, what an offender does, and places the offender can go. The law also demands the registration of a sexual offender’s name, current address, and other relevant personal information. Upon registration, this information remains a public record, sometimes for the duration of the sexual offender’s life.

Who is Considered a Sex Offender in Alaska?

Under Sec. 12.63.30 of the Alaska Statutes, a sex offender is a person convicted of a sex offense in the State of Alaska or some other jurisdiction. It further describes a sex offender as “a person charged and convicted as an adult, of an offense requiring registration as a child kidnapper or sex offender in another jurisdiction.”

According to Alaska Statutes in AS 12.63.100, a person is charged with “Aggravated Sex offense” when such person commits or attempt to commit a sexual or similar offense or where a person commits the following offenses:

  • First-degree sexual assault in the first degree
  • Second-degree sexual assault
  • First-degree sexual abuse of a minor
  • Second-degree sexual abuse of a minor

What are the Different Types of Sex Offenses in Alaska?

The Alaska Statutes provides two major classifications of sex offenses: "sexual assault" and "sexual abuse of a minor." Each of these classifications has various degrees of severity attached to them are:

Sexual Assault in the First Degree: Per Sec. 11.41.410 of the Alaska Statutes, a person is liable for committing the crime of first-degree sexual assault if:

  • The person engages in the act of sexual penetration with another person without the consent of that person, causing serious physical injury to the person.
  • The person attempts to sexually penetrate another person without obtaining consent and causes serious physical injury to the person.
  • The offender sexually penetrates a person who the offender knows is mentally incapable and, by law, is under the care of the offender or in a state-licensed facility or program.
  • The offender engages in the sexual penetration of a person who the offender knows is not aware of the act. In this instance, the offender refers to a health worker, and the offense occurs during professional treatment for the victim.

First-degree sexual assault is an unclassified felony, and the punishment is a jail term of up to 99 years under Sec. 12.55.125, subject to the following factors:

  • For a first felony conviction that does not involve the use of firearms, dangerous instruments, or cause serious physical injury, and the victim is less than 13 years of age, it attracts a jail term of 25 to 35 years. Where the victim is 13 years or older, it attracts a jail term of 20 to 30 years.
  • If it is a first felony conviction and the offender had a weapon and caused serious physical injury while committing the offense, it attracts 25 to 30 years in prison.
  • For a second felony conviction and the offender has no prior sexual conviction, it attracts 30 to 40 years in prison.
  • If it is a second felony and the offender has a prior sexual felony conviction, the punishment is between 35 to 40 years.
  • For a third felony conviction where the prior felonies are not sexual or other serious felonies, an offender faces 40 to 60 years in prison.
  • If it is a third felony conviction and the prior felonies are sexual felonies or some other serious felonies, the offender gets 99 years.

Pursuant to Sec. 12.55.035 of the Alaska Statutes, sexual assault in the first degree also attracts a fine of $500,000.

Sexual Assault in The Second Degree: Per Sec. 11.41.420 of the Alaska Statutes, an offender is said to commit the offense of sexual assault in the second degree, where:

  • Such an offender engages in sexual contact with a person without the consent of the person. Sexual contact, according to Sec. 11.41.900, refers to where the offender knowingly:
    1. Touches the victim’s genitals, anus, or female breast directly or through clothing
    2. Causes the victim to touch the offender or victim’s genitals, anus, or female breast directly or through clothing
    3. Causes the victim to come in contact with semen
    Sexual contact does not include acts that constitute the regular interactions or care for a child or acts performed for purposes of administering treatment or necessary for the search of someone under the custody of the Department of Health and Social Services (DHSS) or the Department of Corrections (DOC).
  • The offender engages in any sexual contact with a mentally incapable person who is either in the offender’s care by law or in a state-licensed program or facility.
  • The offender sexually penetrates a person that is mentally incapacitated, incapable, or unaware of the act. Sexual penetration under Sec.11.41.900 refers to the intercourse of any kind, cunnilingus, fellatio, or any intrusion of an object or a part of a person’s body into the genital or anal opening of another person's body. It does not include acts necessary for administering treatment or the search of someone under the custody of the DHSS or the DOC.
  • The offender engages in any act of sexual contact with a person who the offender knows is unaware of the act and where the offender is a health care worker, and the offense occurs during professional treatment of the victim.

Second-degree sexual assault is a Class B felony, and it attracts a fine of $100,000 and a punishment of up to 99 years with the following presumptive ranges:

  • For a first felony conviction, five to 25 years.
  • If it is a second felony conviction and the prior conviction was not a sexual felony, 15 to 30 years
  • For a second felony conviction where the prior conviction was for a sexual felony, 20 to 35 years
  • If it is a third felony conviction and the prior convictions are not for sexual felonies, 20 to 35 years
  • For third felony convictions, where the prior convictions are for sexual felonies, 99 years

Sexual Assault in The Third Degree: Under Sec. 11.41.425, a person commits an offense of third-degree sexual assault if:

  • The person engages in any sexual contact with a mentally incapable, incapacitated, or unaware of the act.
  • The offender, while employed in a correctional facility, engages in the sexual penetration of a person who the offender knows is serving a term of imprisonment or temporary commitment.
  • The offender engages in sexual penetration with an 18 or 19-year-old person under the custody of the DHSS, and the offender is the legal guardian of the person.
  • While being a peace officer of the state, the offender engages in any act of sexual penetration with a person that is in the custody of the offender or any law enforcement agency.
  • While employed as a probation or parole officer, the offender engages in sexual penetration with a person on parole or probation.
  • While working as a juvenile probation officer or juvenile facility staff, the offender engages in sexual penetration with an 18 or 19-year-old person in the custody or probationary supervision of the DHSS.

In Alaska, third-degree sexual assault is, by law, a class C felony which attracts a fine of $50,000 and a maximum sentence of 99 years in prison, following certain presumptive ranges:

  • If it is a first felony conviction, an offender faces 2 to 12 years
  • If it is a second felony conviction and the first conviction was not for a sexual felony, an offender faces 8 to 15 years in prison
  • If it is a second felony conviction and the first conviction was for a sexual felony, the offender faces 12 to 20 years in prison
  • If it is a third felony conviction and the first two convictions were for sexual felonies, an offender faces 15 to 25 years
  • If it is a third felony conviction and the first two convictions were for sexual felonies, an offender faces 99 years

Sexual Assault in The Fourth Degree: According to Sec. 11.41.427, an offender commits sexual assault in the fourth degree if:

  • While employed in a correctional facility, the offender engages in sexual contact with a person who the offender knows is in the custody of the DOC, serving a term of imprisonment or temporary confinement.
  • The offender engages in any sexual contact with a person that is 18 or 19 years of age and in the custody of the Department of Social Services, and the offender is the legal guardian of the person.
  • The offender, while being a peace officer of the state, engages in sexual penetration with a person that is in the custody of the offender or any law enforcement agency.
  • While employed as a probation or parole officer, the offender engages in sexual penetration with a person on parole or probation.
  • The offender, while working as a juvenile probation officer or juvenile facility staff, engages in sexual penetration with an 18 or 19-year-old person in the custody or probationary supervision of the DHSS.

Fourth-degree sexual assault is, by law, a Class A misdemeanor that attracts a fine of $25,000 and one year imprisonment.

Sexual Abuse of a Minor in the First Degree: Per Sec. 11.41.434, an offender is guilty of committing sexual abuse of a minor in the first degree if:

  • The offender 16 years or older engages in sexual penetration with a person under 13 years, or the offender aids the person under 13 years to engage in sexual penetration with another person.
  • The offender, who is 18 years of age or older, engages in sexual penetration with a person below that age, and the offender is the natural parent, step-parent, adopted parent, or legal guardian of the parent.
  • The offender being 18 years or older and engages in any act of sexual penetration with a victim that resides in the same house as the offender who has the authority or maintains a position of authority over the victim.

First-degree sexual abuse of a minor is an unclassified felony and attracts a jail time of up to 99 years, depending on various factors like the offender’s conviction history, the victim’s age, and whether or not the offender used a weapon. It also attracts a maximum fine of $500,000.

Sexual Abuse of a Minor in the Second Degree: Under Sec. 11.41.436, a person is liable for committing the crime of second-degree sexual abuse if:

  • The offender, 17 years of age or older, engages in sexual penetration with a person between the ages of 13-15 and at least four years younger than the offender. It also covers situations where the offender aids or encourages a person within that age frame to engage in sexual penetration with another.
  • The offender, 16 years or older, engages in sexual contact with a person under the age of 13 or aids the minor to engage in sexual contact with another person.
  • The offender, 18 or older, engages in sexual contact with a person under the age of 18, and the offender is a natural parent, step-parent, adopted parent, or legal guardian to the victim.
  • The offender, 16 years or older, aids or encourages the victim to engage in child pornography.
  • The offender, 18 years or older, engages in sexual contact with a victim under 16, living in the same house as the offender, and where the offender has and occupies a position of authority over or in relation to the victim.
  • The offender, 18 or older, engages in sexual penetration with a person who is 16 or 17 and at least three years younger than the offender who is also in a position of authority over the victim.
  • The offender, under 16 years, engages in sexual penetration with a person that is under 13 and up to three years younger than the offender.

The sexual abuse of a minor in the second degree is a class B felony that attracts a fine of $100,000 and a prison sentence up to 99 years, depending on the victim’s age, offender’s prior convictions, and other similar circumstances.

Sexual Abuse of a Minor in the Third Degree: Under Sec. 11.41.438, a person liable of committing the crime of third-degree sexual abuse of a minor when the person being 17 or older, engages in any sexual contact with a victim who is between the ages of 13-15 and at least four years younger than the offender. Pursuant to under Sec. 12.55.035, a third-degree sexual abuse of a minor is a class C felony and attracts a maximum sentence of five years and as much as $50,000 in fines.

Sexual Abuse of a Minor in the Fourth Degree: Under Sec. 11.41.440, an offender is liable for committing the offense of sexual abuse of a minor in the fourth degree, if:

  • The offender being under 16 years, engages in sexual conduct with a person under 13 years, and the offender is at least three years older than the person.
  • The offender being 16 years or older, engages in sexual conduct with a person who is 16 or 17 and at least three years younger than the offender who occupies a position of power over the victim.

Sexual abuse of a minor is considered a class A misdemeanor in Alaska and attracts a fine of $25,000 and a maximum of one year in prison.

Types of Sex Offenders in Alaska

The Adam Walsh Child Protection and Safety Act of 2006 is a federal law that makes it compulsory for states to classify sex offenders into different categories for purposes of creating and maintaining a sex offenders register. A sexual offense convict may be placed in a tier, depending on the severity of the offense. There are three categories or tiers of sex offenders in Alaska:

Tier One Sex Offenders: A tier one sex offender is a person convicted of an offense that is not included in other tiers. The tier one category is the least serious and is reserved for persons who commit less serious crimes and are not likely to re-offend. Some examples of a tier-one sex offense are receiving nudes from a minor or where the courts convict a person for lewd behavior. Tier one sex offenders must register for 15 years, but a clean record may reduce the period of registration to 10 years. Offenders under this category must also report every year to verify registry information and have a picture taken.

Tier Two Sex Offenders: A tier two offender is a person convicted of a sex offense, which is punishable by over a year in prison. Offenses in this category include:

  • Using a minor in a sexual performance
  • The production and distribution of child pornography
  • Sex trafficking of a minor
  • An offense that occurs after an offender becomes a tier one sex offender.

The law expects a Tier two sex offender to register for 25 years. Such an offender must also report to the local sheriff's office twice a year.

Tier Three Sex Offenders: A tier three sex offender belongs to the most serious category of sex offenders. Such an offender is one convicted of a sex offense that is punishable by more than a year in prison. Offenses under this category include:

  • Kidnapping a minor
  • Abusive sexual contact with a minor under 13
  • Aggravated sexual abuse
  • An offense that occurs after the offender became a tier two sex offender

A tier three sex offender must register for life unless the person is a juvenile delinquent. If the offender is a juvenile delinquent, such an offender must register for only 25 years if the person maintains a clean record.

How to Find a Sex Offender Near Me in Alaska

AS 18.65.087 mandates the Department of Public Safety to keep a registry of sex offenders and make information about sex offenders public. To find sex offender information, interested persons may request a person’s criminal record from the Department of Public Safety. 13 AAC 68.310 permits the department to release this information upon request. Any person making such a request may ensure positive identification of an offender by submitting a set of fingerprints alongside a $35 fee. Such individuals may contact the Records and Identification Bureau of the Department of Public Safety on (907) 269-5767 for further inquiries.

Interested persons may also find sex offender information on the National Sex Offender Public Website. It allows the public to search for sex offenders in every state or territory and provides the criminal history of the offenders, addresses, and physical descriptions.

Alaska Sex Offender Registry

The Alaska Sex Offenders Registry provides detailed information on sex offenders. Individuals may find the following sex offender information on the registry:

  • The name, date of birth, and place of employment of an offender
  • Every conviction for a sex offense or child kidnapping and other relevant data, like the date and place of the offense or convictions
  • All known aliases
  • The driver’s license number of the sex offender
  • The description, license number, and other registration information of motor vehicles which the sex offender has access to
  • Anticipated change of address

Interested persons may find sex offender information in two ways:

  • By carrying out a name search on the registry
  • Using the Search By Map link

To carry out a name search, input a person’s first name and last name. Select an address type, which may be residential, school, or employment. Next, input an address or a partial one, where a complete address is not available. Also, provide the zip code and the name of the city that is the focus of the search. Once these steps are complete, click the ‘Submit Query’ button.

Alternatively, individuals may find sex offenders using the map search link. Provide a full address, city, state, or zip code to begin this search. For smaller communities, individuals can search by city name without a street address.

Interested members of the public may also obtain public record information from third party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. To use a third-party site, record seekers may be required to provide all of some of the following information:

  • The full name on the record of choice
  • The last known or current address of the named individual
  • The address of the requestor

What Happens When You Register as a Sex Offender in Alaska?

12.63.010 of the Alaska Statutes requires every sex offender or child kidnapper living in Alaska to register by the next working day after conviction, if not incarcerated. Where incarcerated, the offender must register before release from a correctional facility in the state. The registration of sex offenses is the responsibility of the convicted person, and AS 12.63.100 provides the offenses that require registration.

The Sex Offender Registry Office makes the relevant registration forms available online, and sex offenders are to submit signed registration forms in person, at the local registration agency, except for the Temporary Presence Form and the Notification of International Travel of Sex Offender Form.

Sex offenders must also report any changes in registry information, such as residence, e-mail, social media handles, and mailing addresses. The offender is to report the changes by the next working day following the change. Failure to make this report is a Class A misdemeanor under AS 11.56.840 or a Class C felony under AS 11.56.835.

The law also expects sex offenders coming into Alaska from other jurisdictions to make a notification of presence to the Alaska Sex Offender Registry office and submit a Temporary Presence Form. Upon registration as a sex offender, such a person may not live or come around some areas, like schools, residential buildings, and other places where children may be.

Interested members of the public may also obtain public record information from third-party websites. These privately owned sites typically host data culled from public databases and repositories. However, the information available on third-party sites may vary since they are independent of government sources. In order to use a third-party site, record seekers may be required to provide all or some of the following information:

  • The full name on the record of choice
  • The last known or current address of the named individual
  • The address of the requestor