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- Alaska Statutes.
- Title 11. Criminal Law
- Chapter 41. Offenses Against the Person
- Section 410. Sexual Assault in the First Degree.
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Section 370. Definitions.
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Section 420. Sexual Assault in the Second Degree.
AS 11.41.410. 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
- (A) without consent of that person; by
- (i) the use of force or the express or implied threat of force against any person or property; or
- (ii) causing the person to become incapacitated;
- (B) by impersonating someone known to the person for the purpose of obtaining consent;
- (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 in 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 state; 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 punishable as provided in AS 12.55 and is
- (1) an unclassified felony if the offender violates (a)(1)(A), (2), (3), or (4) of this section;
- (2) a class A felony if the offender violates (a)(1)(B) of this section.
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