Alaska Statutes
Alaska Stat. § 11.41.436 (2026)
Sexual abuse of a minor in the second degree
✓ current as of July 2026
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Sec. 11.41.436. Sexual abuse of a minor in the second degree.
(a) An offender commits the crime of sexual abuse of a minor in the second degree if,
(1) being 17 years of age or older, the offender engages in sexual penetration with a person who is 13, 14, or 15 years of age and at least four years younger than the offender, or aids, induces, causes, or encourages a person who is 13, 14, or 15 years of age and at least four years younger than the offender to engage in sexual penetration with another person;
(2) being 16 years of age or older, the offender engages in sexual contact with a person who is under 13 years of age or aids, induces, causes, or encourages a person under 13 years of age to engage in sexual contact with another person;
(3) being 18 years of age or older, the offender engages in sexual contact 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;
(4) being 16 years of age or older, the offender aids, induces, causes, or encourages a person who is under 16 years of age to engage in conduct described in AS 11.41.455(a)(2) — (6);
(5) being 18 years of age or older, the offender engages in sexual contact 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;
(6) being 18 years of age or older, the offender engages in sexual penetration with a person who is 16 or 17 years of age and at least three years younger than the offender, and the offender occupies a position of authority in relation to the victim; or
(7) being under 16 years of age, the offender engages in sexual penetration with a person who is under 13 years of age and at least three years younger than the offender.
(b) Sexual abuse of a minor in the second degree is a class B felony.
(a) An offender commits the crime of sexual abuse of a minor in the second degree if,
(1) being 17 years of age or older, the offender engages in sexual penetration with a person who is 13, 14, or 15 years of age and at least four years younger than the offender, or aids, induces, causes, or encourages a person who is 13, 14, or 15 years of age and at least four years younger than the offender to engage in sexual penetration with another person;
(2) being 16 years of age or older, the offender engages in sexual contact with a person who is under 13 years of age or aids, induces, causes, or encourages a person under 13 years of age to engage in sexual contact with another person;
(3) being 18 years of age or older, the offender engages in sexual contact 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;
(4) being 16 years of age or older, the offender aids, induces, causes, or encourages a person who is under 16 years of age to engage in conduct described in AS 11.41.455(a)(2) — (6);
(5) being 18 years of age or older, the offender engages in sexual contact 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;
(6) being 18 years of age or older, the offender engages in sexual penetration with a person who is 16 or 17 years of age and at least three years younger than the offender, and the offender occupies a position of authority in relation to the victim; or
(7) being under 16 years of age, the offender engages in sexual penetration with a person who is under 13 years of age and at least three years younger than the offender.
(b) Sexual abuse of a minor in the second degree is a class B felony.
Notes of Decisions
Cited in 152
cases (22 in the last 5 years), 1984–2025 · leading case: State, Dept. of Pub. Saf. v. Doe I, 425 P.3d 115 (Alaska 2018).
State, Dept. of Pub. Saf. v. Doe I, 425 P.3d 115 (Alaska 2018). “100 and AS 11.41.436(a)(2), making both Doe I and * Sitting by assignment made under article IV, section 11 of the Alaska Constitution and Alaska Administrative Rule 23(a).”
Wurthmann v. State, 27 P.3d 762 (Alaska Ct. App. 2001). “434(a)(3) with AS 11.41.436(a)(1). [3] Compare AS 11.41.”
United States v. Thomas Schopp, 938 F.3d 1053 (9th Cir. 2019). “” 7 Accordingly, we hold that Schopp’s prior Alaska convictions are not a categorical match to the generic federal offense of “sexual exploitation of children” and cannot serve 6 Alaska Statutes § 11.41.436 incorporates the conduct aspects but not the visual depiction elements…”
United States v. Faustino Gomez, 757 F.3d 885 (9th Cir. 2014). “Code § 13A-6-61(a)(3); Alaska Stat. Ann. § 11.41.436 (a)(1); Ark.”
State v. Jackson, 776 P.2d 320 (Alaska Ct. App. 1989). “The statute governing the offense, AS 11.41.436, proscribes several distinct forms of sexual contact between adults and minors.”
Esquivel-Quintana v. Sessions, 137 S. Ct. 1562 (2017). “Code §§ 13A-6-62(a)(1), 13A-6-70(c)(1) (1994) Alaska Alaska Stat. § 11.41.436 (a)(1) (1996) Arkansas Ark.”
State v. Letalien, 2009 ME 130 (Me. 2009). “See Alaska Stat. §§ 11.41.436 , 12.63.020(2), 12.”
United States v. Jeffery Len Melton, 344 F.3d 1021 (9th Cir. 2003). “” Alaska Stat. § 11.41.436 (a). This clause explicitly and implicitly excludes perpetrators that are close in age to the victim and narrows the class of offenders to those who bear parental authority over the victim.”
Humphrey v. Wilson, 652 S.E.2d 501 (Ga. 2007). “§ 18-3-402; § 18-3-405 (teens guilty of sexual assault for oral sex only if "the victim is less than fifteen years of age and the actor is at least four years older than the victim"); Del.”
State v. Andrews, 707 P.2d 900 (Alaska Ct. App. 1985). “, and two counts of sexual abuse of a minor in the second degree, a class B felony, AS 11.41.436(a)(2), based upon, respectively, the touching of K.”
Stephan v. State, 810 P.2d 564 (Alaska Ct. App. 1991). “Furthermore, the history of AS 11.41.436 can be traced to the Revised Criminal Code drafted in 1978.”
Angelica C v. Jonathan C, Angelica C v. Jonathan C, 459 P.3d 1148 (Alaska 2020). “41”); AS 11.41.436(a) (defining sexual abuse of a minor in the second degree).”
— Alaska Stat. § 11.41.436(a) — 11 cases
John v. State, 35 P.3d 53 (Alaska Ct. App. 2001).
Angelica C v. Jonathan C, Angelica C v. Jonathan C, 459 P.3d 1148 (Alaska 2020). “41”); AS 11.41.436(a) (defining sexual abuse of a minor in the second degree).”
Worden v. State, 213 P.3d 144 (Alaska Ct. App. 2009).
Sullivan v. State, 766 P.2d 51 (Alaska Ct. App. 1988).
Bourdon v. State, 28 P.3d 319 (Alaska Ct. App. 2001).
— Alaska Stat. § 11.41.436(a)(1) — 40 cases
State v. Jackson, 776 P.2d 320 (Alaska Ct. App. 1989). “The statute governing the offense, AS 11.41.436, proscribes several distinct forms of sexual contact between adults and minors.”
Erickson v. State, 950 P.2d 580 (Alaska Ct. App. 1997).
Angelica C v. Jonathan C, Angelica C v. Jonathan C, 459 P.3d 1148 (Alaska 2020). “41”); AS 11.41.436(a) (defining sexual abuse of a minor in the second degree).”
Wurthmann v. State, 27 P.3d 762 (Alaska Ct. App. 2001). “434(a)(3) with AS 11.41.436(a)(1). [3] Compare AS 11.41.”
Skrepich v. State, 740 P.2d 950 (Alaska Ct. App. 1987).
— Alaska Stat. § 11.41.436(a)(2) — 53 cases
State, Dept. of Pub. Saf. v. Doe I, 425 P.3d 115 (Alaska 2018). “100 and AS 11.41.436(a)(2), making both Doe I and * Sitting by assignment made under article IV, section 11 of the Alaska Constitution and Alaska Administrative Rule 23(a).”
State v. Andrews, 707 P.2d 900 (Alaska Ct. App. 1985). “, and two counts of sexual abuse of a minor in the second degree, a class B felony, AS 11.41.436(a)(2), based upon, respectively, the touching of K.”
Ward v. State, Dep't of Pub. Saf., 288 P.3d 94 (Alaska 2012).
Stephan v. State, 810 P.2d 564 (Alaska Ct. App. 1991). “Furthermore, the history of AS 11.41.436 can be traced to the Revised Criminal Code drafted in 1978.”
United States v. Thomas Schopp, 938 F.3d 1053 (9th Cir. 2019). “” 7 Accordingly, we hold that Schopp’s prior Alaska convictions are not a categorical match to the generic federal offense of “sexual exploitation of children” and cannot serve 6 Alaska Statutes § 11.41.436 incorporates the conduct aspects but not the visual depiction elements…”
— Alaska Stat. § 11.41.436(a)(3) — 12 cases
Jerry B. v. Sally B., 377 P.3d 916 (Alaska 2016).
Gyles v. State, 901 P.2d 1143 (Alaska Ct. App. 1995).
Cole v. State, 923 P.2d 820 (Alaska Ct. App. 1996).
Nunn v. State, 845 P.2d 435 (Alaska Ct. App. 1993).
Allam v. State, 830 P.2d 435 (Alaska Ct. App. 1992).
— Alaska Stat. § 11.41.436(a)(3)(A) — 1 case
Wurthmann v. State, 27 P.3d 762 (Alaska Ct. App. 2001). “434(a)(3) with AS 11.41.436(a)(1). [3] Compare AS 11.41.”
— Alaska Stat. § 11.41.436(a)(3)(B) — 8 cases
Clifton v. State, 758 P.2d 1279 (Alaska Ct. App. 1988).
Horton v. State, 758 P.2d 628 (Alaska Ct. App. 1988).
Renkel v. State, 807 P.2d 1087 (Alaska Ct. App. 1991).
Nunn v. State, 845 P.2d 435 (Alaska Ct. App. 1993).
Whitlow v. State, 719 P.2d 267 (Alaska Ct. App. 1986).
— Alaska Stat. § 11.41.436(a)(4) — 2 cases
Diorec v. State, 295 P.3d 409 (Alaska Ct. App. 2013).
Moore v. State, 298 P.3d 209 (Alaska Ct. App. 2013).
— Alaska Stat. § 11.41.436(a)(5) — 2 cases
Wurthmann v. State, 27 P.3d 762 (Alaska Ct. App. 2001). “434(a)(3) with AS 11.41.436(a)(1). [3] Compare AS 11.41.”
LaBrake v. State, 152 P.3d 474 (Alaska Ct. App. 2007).
— Alaska Stat. § 11.41.436(a)(5)(A) — 5 cases
Wurthmann v. State, 27 P.3d 762 (Alaska Ct. App. 2001). “434(a)(3) with AS 11.41.436(a)(1). [3] Compare AS 11.41.”
Reid Duard Hayes v. State of Alaska, 474 P.3d 1179 (Alaska Ct. App. 2020).
Keith Roscoe Bartman v. State of Alaska, 563 P.3d 121 (Alaska Ct. App. 2025).
State v. Bingaman, 991 P.2d 227 (Alaska Ct. App. 1999).
Colocho v. Houser (D. Alaska 2020).
— Alaska Stat. § 11.41.436(a)(5)(B) — 2 cases
Anderson v. State, 436 P.3d 1071 (Alaska Ct. App. 2018).
Jeremy Todd Anderson v. State of Alaska, 547 P.3d 1055 (Alaska Ct. App. 2024).
— Alaska Stat. § 11.41.436(a)(6) — 4 cases
Simants v. State, 329 P.3d 1033 (Alaska Ct. App. 2014).
John Doe v. Dep't of Pub. Saf., 444 P.3d 116 (Alaska 2019).
Con Lysle Compton v. State of Alaska (Alaska Ct. App. 2025).
State v. Thompson, 435 P.3d 947 (Alaska 2019).
— Alaska Stat. § 11.41.436(a)(l) — 1 case
Brett Talmadge v. State of Alaska (Alaska Ct. App. 2025).
— Alaska Stat. § 11.41.436(b) — 21 cases
State, Dept. of Pub. Saf. v. Doe I, 425 P.3d 115 (Alaska 2018). “100 and AS 11.41.436(a)(2), making both Doe I and * Sitting by assignment made under article IV, section 11 of the Alaska Constitution and Alaska Administrative Rule 23(a).”
State v. Jackson, 776 P.2d 320 (Alaska Ct. App. 1989). “The statute governing the offense, AS 11.41.436, proscribes several distinct forms of sexual contact between adults and minors.”
Anderson v. State, 289 P.3d 1 (Alaska Ct. App. 2012).
LaBrake v. State, 152 P.3d 474 (Alaska Ct. App. 2007).
Flink v. State, 683 P.2d 725 (Alaska Ct. App. 1984).
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