Alaska Stat. § 11.41.427
Sexual assault in the fourth degree
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Sec. 11.41.427. Sexual assault in the fourth degree.
(a) An offender commits the crime of sexual assault in the fourth degree if
(1) while employed in a state correctional facility or other placement designated by the commissioner of corrections for the custody and care of prisoners, the offender engages in sexual contact with a person who the offender knows is committed to the custody of the Department of Corrections to serve a term of imprisonment or period of temporary commitment;
(2) the offender engages in sexual contact with a person 18 or 19 years of age who the offender knows is committed to the custody of the Department of Family and Community Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of the person;
(3) while employed in the state by a law enforcement agency as a peace officer, or while acting as a peace officer in the state, the offender engages in sexual contact with a person with reckless disregard that the person is in the custody or the apparent custody of the offender, or is committed to the custody of a law enforcement agency;
(4) while employed by the state or a municipality of the state as a probation officer or parole officer, or while acting as a probation officer or parole officer in the state, the offender engages in sexual contact with a person with reckless disregard that the person is on probation or parole; or
(5) while employed as a juvenile probation officer or as a juvenile facility staff, the offender engages in sexual contact with a person 18 or 19 years of age with reckless disregard that the person is committed to the custody or probationary supervision of the Department of Family and Community Services.
(b) In this section,
(1) “juvenile facility staff” has the meaning given in AS 11.41.425;
(2) “juvenile probation officer” has the meaning given in AS 47.12.990;
(3) “parole officer” has the meaning given in AS 18.65.290;
(4) “peace officer” has the meaning given in AS 01.10.060;
(5) “probation officer” has the meaning given in AS 11.41.425.
(c) Sexual assault in the fourth degree is a class A misdemeanor.
(a) An offender commits the crime of sexual assault in the fourth degree if
(1) while employed in a state correctional facility or other placement designated by the commissioner of corrections for the custody and care of prisoners, the offender engages in sexual contact with a person who the offender knows is committed to the custody of the Department of Corrections to serve a term of imprisonment or period of temporary commitment;
(2) the offender engages in sexual contact with a person 18 or 19 years of age who the offender knows is committed to the custody of the Department of Family and Community Services under AS 47.10 or AS 47.12 and the offender is the legal guardian of the person;
(3) while employed in the state by a law enforcement agency as a peace officer, or while acting as a peace officer in the state, the offender engages in sexual contact with a person with reckless disregard that the person is in the custody or the apparent custody of the offender, or is committed to the custody of a law enforcement agency;
(4) while employed by the state or a municipality of the state as a probation officer or parole officer, or while acting as a probation officer or parole officer in the state, the offender engages in sexual contact with a person with reckless disregard that the person is on probation or parole; or
(5) while employed as a juvenile probation officer or as a juvenile facility staff, the offender engages in sexual contact with a person 18 or 19 years of age with reckless disregard that the person is committed to the custody or probationary supervision of the Department of Family and Community Services.
(b) In this section,
(1) “juvenile facility staff” has the meaning given in AS 11.41.425;
(2) “juvenile probation officer” has the meaning given in AS 47.12.990;
(3) “parole officer” has the meaning given in AS 18.65.290;
(4) “peace officer” has the meaning given in AS 01.10.060;
(5) “probation officer” has the meaning given in AS 11.41.425.
(c) Sexual assault in the fourth degree is a class A misdemeanor.
Notes of Decisions
Cited in 9
cases (3 in the last 5 years), 2008–2025 · leading case: Kristin Sconiers v. FNU Lockhart
Kristin Sconiers v. FNU Lockhart (2020)
“3 Similarly, in 2006, the PLRA, without exception, prohibited recovery by a prisoner 3 Statutes of states that have amended their codes to criminalize sexual contact between prisoners and guards, since we decided Boxer X, include the following: Alaska Stat.”
Doe v. State (2008)
“3d 1235, 1255 (3d Cir. 1996). [108] AS 12.63.”
Crawford v. Cuomo (2015)
“Code § 14-11-31; Alaska Stat. § 11.41.427 ; Ark.Code Ann. § 5—14— 127(a)(2); Colo.”
John Doe v. Department of Public Safety (2019)
“425 ; AS 11.41.427 ; AS 11.41.436 ; AS 11.41.438 ; AS 11.”
Municipality of Anchorage v. Beezley (2018)
“230 ; or (E) the conviction is for a violation of (i) AS 11.41.427, or (ii) AS 11.41.440, or (iii) AS 11.”
David Walton v. Ashley Nehls (2025)
“State Relevant Statute Alaska Alaska Stat. §§ 11.41.427 (a)(1), .432 Arizona Ariz.”
Municipality of Anchorage v. Beezley (2018)
“230; or (E) the conviction is for a violation of (i) AS 11.41.427, or (ii) AS 11.41.440, or (iii) AS 11.”
David Walton v. Ashley Nehls (2025)
“State Relevant Statute Alaska Alaska Stat. §§ 11.41.427 (a)(1), .432 Arizona Ariz.”
David Walton v. Ashley Nehls (2025)
“State Relevant Statute Alaska Alaska Stat. §§ 11.41.427 (a)(1), .432 Arizona Ariz.”
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