Alaska Statutes
Alaska Stat. § 11.41.438 (2026)
Sexual abuse of a minor in the third degree
✓ current as of July 2026
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Sec. 11.41.438. Sexual abuse of a minor in the third degree.
(a) An offender commits the crime of sexual abuse of a minor in the third degree if being 17 years of age or older, the offender engages in sexual contact with a person who is 13, 14, or 15 years of age and at least four years younger than the offender.
(b) Except as provided in (c) of this section, sexual abuse of a minor in the third degree is a class C felony, punishable as provided in AS 12.55.125(e).
(c) Sexual abuse of a minor in the third degree is a class C felony, punishable under AS 12.55.125(i), if, at the time of the offense, the victim was at least six years younger than the offender.
(a) An offender commits the crime of sexual abuse of a minor in the third degree if being 17 years of age or older, the offender engages in sexual contact with a person who is 13, 14, or 15 years of age and at least four years younger than the offender.
(b) Except as provided in (c) of this section, sexual abuse of a minor in the third degree is a class C felony, punishable as provided in AS 12.55.125(e).
(c) Sexual abuse of a minor in the third degree is a class C felony, punishable under AS 12.55.125(i), if, at the time of the offense, the victim was at least six years younger than the offender.
Notes of Decisions
Cited in 30
cases (2 in the last 5 years), 1985–2025 · leading case: Wurthmann v. State, 27 P.3d 762 (Alaska Ct. App. 2001).
Wurthmann v. State, 27 P.3d 762 (Alaska Ct. App. 2001). “This conclusionthat the legislature did not think these two groups were the same is emphasized most vividly by the wording of AS 11.41.438, the third-degree sexual abuse of a minor statute.”
Esquivel-Quintana v. Sessions, 137 S. Ct. 1562 (2017). “See Alaska Stat. § 11.41.438 (1996) (age of consent for third-degree "sexual abuse of a minor" was 16 generally but 18 where "the offender occupie[d] a position of authority in relation to the victim"); Me.”
United States v. Thomas Schopp, 938 F.3d 1053 (9th Cir. 2019). “); Alaska Stat. §§ 11.41.438 , 11.41.436, 11.”
Ward v. State, Dep't of Pub. Saf., 288 P.3d 94 (Alaska 2012). “AS 11.41.438; AS 11.31.100(d)(5). . AS 12.”
United States v. Eduardo Rangel-Castaneda, 709 F.3d 373 (4th Cir. 2013). “Code §§ 13A-6-62, -70; Alaska Stat. § 11.41.438 ; Ark. Code Ann.”
State v. Andrews, 707 P.2d 900 (Alaska Ct. App. 1985). “AS 11.41.438; AS 12.55.125(e). In summary, the drafters of the Revised Code substantially reduced the penalties for sexual abuse of minors.”
MacK v. State, 900 P.2d 1202 (Alaska Ct. App. 1995). “Sexual abuse of a minor in the third degree, a violation of AS 11.41.438, is among the provisions in article 4, so a person convicted of the completed crime of third-degree sexual abuse of a minor plainly is not eligible for a suspended imposition of sentence.”
John Doe v. Dep't of Pub. Saf., 444 P.3d 116 (Alaska 2019). “436 ; AS 11.41.438 ; AS 11.41.440(a)(2). AS 12.”
Malutin v. State, 198 P.3d 1177 (Alaska Ct. App. 2009). “436(a)(1) (second-degree sexual abuse of a minor); AS 11.41.438(a) (third-degree sexual abuse of a minor).”
Peratrovich v. State, 903 P.2d 1071 (Alaska Ct. App. 1995). “, appeals his conviction for third-degree sexual abuse of a minor (sexual contact with a minor between the ages of 13 and 15), AS 11.41.438(a)(1). He also appeals two provisions of his sentence.”
State v. Thompson, 435 P.3d 947 (Alaska 2019). “" In Wurthmann the defendant was convicted under former AS 11.41.438(a)(2) of third degree sexual abuse of a minor for having sexual intercourse with the daughter of the woman with whom he lived when the victim was 16 and 17 years old.”
M.C. v. N. Ins. Co. of New York, 1 P.3d 673 (Alaska 2000). “See AS 11.41.438(a)(2) (defining third degree sexual abuse of a minor to include engaging in sexual penetration with a person who is 16 or 17 years old and at least three years younger than the defendant if the defendant occupies a position of authority in relation to the…”
— Alaska Stat. § 11.41.438(2) — 1 case
Wurthmann v. State, 27 P.3d 762 (Alaska Ct. App. 2001). “This conclusionthat the legislature did not think these two groups were the same is emphasized most vividly by the wording of AS 11.41.438, the third-degree sexual abuse of a minor statute.”
— Alaska Stat. § 11.41.438(a) — 7 cases
Malutin v. State, 198 P.3d 1177 (Alaska Ct. App. 2009). “436(a)(1) (second-degree sexual abuse of a minor); AS 11.41.438(a) (third-degree sexual abuse of a minor).”
Toney v. Fairbanks North Star Borough Sch. Dist., 881 P.2d 1112 (Alaska 1994).
Paul v. State, 57 P.3d 698 (Alaska Ct. App. 2002).
Davis v. State, 793 P.2d 1064 (Alaska Ct. App. 1990).
Thiessen v. State, 844 P.2d 1137 (Alaska Ct. App. 1993).
— Alaska Stat. § 11.41.438(a)(1) — 10 cases
United States v. Thomas Schopp, 938 F.3d 1053 (9th Cir. 2019). “); Alaska Stat. §§ 11.41.438 , 11.41.436, 11.”
Wurthmann v. State, 27 P.3d 762 (Alaska Ct. App. 2001). “This conclusionthat the legislature did not think these two groups were the same is emphasized most vividly by the wording of AS 11.41.438, the third-degree sexual abuse of a minor statute.”
Peratrovich v. State, 903 P.2d 1071 (Alaska Ct. App. 1995). “, appeals his conviction for third-degree sexual abuse of a minor (sexual contact with a minor between the ages of 13 and 15), AS 11.41.438(a)(1). He also appeals two provisions of his sentence.”
MacK v. State, 900 P.2d 1202 (Alaska Ct. App. 1995). “Sexual abuse of a minor in the third degree, a violation of AS 11.41.438, is among the provisions in article 4, so a person convicted of the completed crime of third-degree sexual abuse of a minor plainly is not eligible for a suspended imposition of sentence.”
State v. Williams, 855 P.2d 1337 (Alaska Ct. App. 1993).
— Alaska Stat. § 11.41.438(a)(2) — 3 cases
Wurthmann v. State, 27 P.3d 762 (Alaska Ct. App. 2001). “This conclusionthat the legislature did not think these two groups were the same is emphasized most vividly by the wording of AS 11.41.438, the third-degree sexual abuse of a minor statute.”
State v. Thompson, 435 P.3d 947 (Alaska 2019). “" In Wurthmann the defendant was convicted under former AS 11.41.438(a)(2) of third degree sexual abuse of a minor for having sexual intercourse with the daughter of the woman with whom he lived when the victim was 16 and 17 years old.”
M.C. v. N. Ins. Co. of New York, 1 P.3d 673 (Alaska 2000). “See AS 11.41.438(a)(2) (defining third degree sexual abuse of a minor to include engaging in sexual penetration with a person who is 16 or 17 years old and at least three years younger than the defendant if the defendant occupies a position of authority in relation to the…”
— Alaska Stat. § 11.41.438(b) — 2 cases
Alexie v. State, 402 P.3d 416 (Alaska Ct. App. 2017).
Alexie v. State (Alaska Ct. App. 2017).
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