Alaska § 11.61.124 - Harassment in the second degree.

§ 11.61.124. Harassment in the second degree.

 (a) An offender commits the crime of solicitation or production of an indecent picture of a minor if, under circumstances not proscribed under AS 11.41.455 or AS 11.61.123 , the offender being 18 years of age or older        (1) solicits a picture of the genitals, anus, or female breast of another person and the             (A) person solicited is under 16 years of age and at least four years younger than the offender; or             (B) offender believes that the other person is under 16 years of age and at least four years younger than the offender; or        (2) produces a picture of the genitals, anus, or female breast of another person and the             (A) person shown in the picture is under 16 years of age and at least four years younger than the offender; or             (B) offender believes that the other person is under 16 years of age and at least four years younger than the offender.   (b) In a prosecution under (a) of this section, it is not a defense that the person solicited or shown in the picture was not actually a person under 16 years of age and at least four years younger than the offender.   (c) In a prosecution under (a)(1) of this section, it is not necessary for the prosecution to show that a picture was actually produced.   (d) The provisions of this section do not apply to acts        (1) that may reasonably be construed to be normal caretaker responsibilities for a child, interactions with a child, or affection for a child; or        (2) performed for the purpose of administering a recognized and lawful form of treatment that is reasonably adapted to promoting the physical or mental health of the person being treated.   (e) In this section, "picture" has the meaning given in AS 11.61.123 (e).   (f) Solicitation or production of an indecent picture of a minor is a        (1) class C felony if an offender             (A) violates (a)(1) of this section and the person solicited is under 13 years of age; or             (B) violates (a)(2) of this section;        (2) class A misdemeanor if an offender violates (a)(1) of this section and the person solicited is 13 years of age or older.

 (a) A person commits the crime of distribution of child sexual abuse material if the person distributes in this state or advertises, promotes, solicits, or offers to distribute in this state any material that is proscribed under AS 11.61.127 .   (b) This section does not apply to acts that are an integral part of the exhibition or performance of a motion picture if the acts are performed within the scope of employment by a motion picture operator or projectionist employed by the owner or manager of a theater or other place for the showing of motion pictures, unless the motion picture operator or projectionist        (1) has a financial interest in the theater or place in which employed; or        (2) causes the performance or motion picture to be performed or exhibited without the consent of the manager or owner of the theater or other place of showing.   (c) The possession of 100 or more films, audio, video, electronic, or electromagnetic recordings, photographs, negatives, slides, books, newspapers, magazines, or other materials, including a combination of these items totaling 100 or more, is prima facie evidence of distribution and intent to distribute under (a) of this section.   (d) In this section, “distribution” includes the following, whether or not for monetary or other consideration: delivering, selling, renting, leasing, lending, giving, circulating, exhibiting, presenting, providing, exchanging, placing on a computer network or computer system, and providing billing collection, or other ancillary services for or otherwise supporting these activities.   (e) Distribution of child sexual abuse material is a        (1) class B felony; or        (2) class A felony if the person has been previously convicted of distribution of child sexual abuse material in this jurisdiction or a similar crime in this or another jurisdiction.