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Alaska Statutes

Alaska Stat. § 11.41.434 (2026)

Sexual abuse of a minor in the first degree

✓ current as of July 2026
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Sec. 11.41.434. 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.




Notes of Decisions
Cited in 152 cases (12 in the last 5 years), 1984–2025 · leading case: Wurthmann v. State, 27 P.3d 762 (Alaska Ct. App. 2001).
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Wurthmann v. State, 27 P.3d 762 (Alaska Ct. App. 2001). · cites it 19× “NOTES [1] AS 11.41.434(a)(1), (a)(3)(A). [2] AS 11.”
Doe v. State, 189 P.3d 999 (Alaska 2008). · cites it 4× “100(6), which defines "sex offense," indicates that ASORA applies to persons convicted of a range of offenses, including AS 11.”
United States v. Rodriguez-Guzman, 506 F.3d 738 (9th Cir. 2007). · cites it 2× “[2] See Alaska Stat. § 11.41.434 , 11.41.436; Ark.”
John Doe I, Jane Doe, & John Doe II v. Ronald O. Otte & Bruce M. Amended Botelho, 259 F.3d 979 (9th Cir. 2001). · cites it 2× “Alaska Stat. §§ 11.41.434 ; 11.41.445(b).”
Jerry B. v. Sally B., 377 P.3d 916 (Alaska 2016). · cites it 2× “AS 11.41.434(a)(@2). 3 . - The grand jury charged Jerry with one count of sexual abuse of a minor in the first degree, AS 11.”
United States v. Jorge Rodriguez, 711 F.3d 541 (5th Cir. 2013). “, Alaska Stat. §§ 11.41.434 , 11.41.436, 11.”
Anderson v. State, 436 P.3d 1071 (Alaska Ct. App. 2018). · cites it 6× “4 See AS 11.41.434 through AS 11.41.440. – 22 – 2629 term is broadly defined in AS 18.”
Estrada-Espinoza v. Mukasey, 546 F.3d 1147 (9th Cir. 2008). “§ 18-1506 ("Sexual abuse of a child”); 720 Ill. Comp. Stat.”
Alvarado v. State, 440 P.3d 329 (Alaska Ct. App. 2019). · cites it 6× “28 Conclusion We REMAND this case to the superior court for correction of the presentence report, merger of two of the convictions as described above, and a resentencing.”
State v. Bartlett, 830 P.2d 823 (Ariz. 1992). · cites it 2× “Code § 13A-6-62 (2 to 20 years); Alaska Stat. §§ 11.41.434 , 12.55.125 (1 to 10 years); Colo.”
Restrepo v. Attorney Gen. of US, 617 F.3d 787 (3rd Cir. 2010). “, Alaska Stat. §§ 11.41.434 , 11.41.436, 11.”
Yearty v. State, 805 P.2d 987 (Alaska Ct. App. 1991). · cites it 2× “The state based its charges of sexual abuse of a minor in the first degree and attempted sexual abuse of a minor in the first degree on AS 11.41.434(a)(1), which required it to establish that Yearty engaged in sexual penetration (or attempted sexual penetration) with J.”
Show all 152 citing cases →
— Alaska Stat. § 11.41.434(a) — 12 cases
Jerry B. v. Sally B., 377 P.3d 916 (Alaska 2016). “AS 11.41.434(a)(@2). 3 . - The grand jury charged Jerry with one count of sexual abuse of a minor in the first degree, AS 11.”
Wholecheese v. State, 100 P.3d 14 (Alaska Ct. App. 2004).
Sharp v. State, 837 P.2d 718 (Alaska Ct. App. 1992).
Kevin Dalton v. State of Alaska, 477 P.3d 650 (Alaska Ct. App. 2020).
Scott v. State, 928 P.2d 1234 (Alaska Ct. App. 1996).
— Alaska Stat. § 11.41.434(a)(1) — 65 cases
Doe v. State, 189 P.3d 999 (Alaska 2008). “100(6), which defines "sex offense," indicates that ASORA applies to persons convicted of a range of offenses, including AS 11.”
Yearty v. State, 805 P.2d 987 (Alaska Ct. App. 1991). “The state based its charges of sexual abuse of a minor in the first degree and attempted sexual abuse of a minor in the first degree on AS 11.41.434(a)(1), which required it to establish that Yearty engaged in sexual penetration (or attempted sexual penetration) with J.”
State v. Andrews, 707 P.2d 900 (Alaska Ct. App. 1985).
Stephan v. State, 810 P.2d 564 (Alaska Ct. App. 1991).
Murray v. State, 770 P.2d 1131 (Alaska Ct. App. 1989).
— Alaska Stat. § 11.41.434(a)(2) — 20 cases
Jerry B. v. Sally B., 377 P.3d 916 (Alaska 2016). “AS 11.41.434(a)(@2). 3 . - The grand jury charged Jerry with one count of sexual abuse of a minor in the first degree, AS 11.”
Raymond Dapo v. State of Alaska, Off. of Child.'s Servs. & Taun Lucas, 454 P.3d 171 (Alaska 2019).
Sheldon v. State, 796 P.2d 831 (Alaska Ct. App. 1990).
Alvarado v. State, 440 P.3d 329 (Alaska Ct. App. 2019). “28 Conclusion We REMAND this case to the superior court for correction of the presentence report, merger of two of the convictions as described above, and a resentencing.”
Reyes v. State, 978 P.2d 635 (Alaska Ct. App. 1999).
— Alaska Stat. § 11.41.434(a)(2)(A) — 2 cases
Wurthmann v. State, 27 P.3d 762 (Alaska Ct. App. 2001). “NOTES [1] AS 11.41.434(a)(1), (a)(3)(A). [2] AS 11.”
Simpson v. State, 796 P.2d 840 (Alaska Ct. App. 1990).
— Alaska Stat. § 11.41.434(a)(2)(B) — 11 cases
Clifton v. State, 758 P.2d 1279 (Alaska Ct. App. 1988).
Horton v. State, 758 P.2d 628 (Alaska Ct. App. 1988).
Beltz v. State, 980 P.2d 474 (Alaska Ct. App. 1999).
Nusunginya v. State, 730 P.2d 172 (Alaska Ct. App. 1986).
Bynum v. State, 708 P.2d 1293 (Alaska Ct. App. 1985).
— Alaska Stat. § 11.41.434(a)(3) — 5 cases
Wurthmann v. State, 27 P.3d 762 (Alaska Ct. App. 2001). “NOTES [1] AS 11.41.434(a)(1), (a)(3)(A). [2] AS 11.”
State v. Parker, 147 P.3d 690 (Alaska 2006).
Hess v. State, 20 P.3d 1121 (Alaska 2001).
State v. Thompson, 435 P.3d 947 (Alaska 2019).
Parker v. State, 90 P.3d 194 (Alaska Ct. App. 2004).
— Alaska Stat. § 11.41.434(a)(3)(A) — 3 cases
Wurthmann v. State, 27 P.3d 762 (Alaska Ct. App. 2001). “NOTES [1] AS 11.41.434(a)(1), (a)(3)(A). [2] AS 11.”
Garland v. State, 172 P.3d 827 (Alaska Ct. App. 2007).
State v. Thompson, 435 P.3d 947 (Alaska 2019).
— Alaska Stat. § 11.41.434(a)(3)(B) — 4 cases
Anderson v. State, 436 P.3d 1071 (Alaska Ct. App. 2018). “4 See AS 11.41.434 through AS 11.41.440. – 22 – 2629 term is broadly defined in AS 18.”
State v. Thompson, 435 P.3d 947 (Alaska 2019).
M.C. v. N. Ins. Co. of New York, 1 P.3d 673 (Alaska 2000).
Jeremy Todd Anderson v. State of Alaska, 547 P.3d 1055 (Alaska Ct. App. 2024).
— Alaska Stat. § 11.41.434(b) — 9 cases
Malutin v. State, 198 P.3d 1177 (Alaska Ct. App. 2009).
Mullin v. State, 886 P.2d 1323 (Alaska Ct. App. 1994).
Xeuy Sikeo v. State, 258 P.3d 906 (Alaska Ct. App. 2011).
Krack v. State, 973 P.2d 100 (Alaska Ct. App. 1999).
Mark Wayne King v. State of Alaska, 487 P.3d 242 (Alaska Ct. App. 2021).
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