Alaska Statutes
Alaska Stat. § 11.41.440 (2026)
Sexual abuse of a minor in the fourth degree
✓ current as of July 2026
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Sec. 11.41.440. Sexual abuse of a minor in the fourth degree.
(a) An offender commits the crime of sexual abuse of a minor in the fourth degree if
(1) being under 16 years of age, the offender engages in sexual contact with a person who is under 13 years of age and at least three years younger than the offender; or
(2) being 18 years of age or older, the offender engages in sexual contact 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.
(b) Sexual abuse of a minor in the fourth degree is a class A misdemeanor.
(a) An offender commits the crime of sexual abuse of a minor in the fourth degree if
(1) being under 16 years of age, the offender engages in sexual contact with a person who is under 13 years of age and at least three years younger than the offender; or
(2) being 18 years of age or older, the offender engages in sexual contact 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.
(b) Sexual abuse of a minor in the fourth degree is a class A misdemeanor.
Notes of Decisions
Cited in 42
cases (1 in the last 5 years), 1982–2025 · leading case: Flink v. State, 683 P.2d 725 (Alaska Ct. App. 1984).
Flink v. State, 683 P.2d 725 (Alaska Ct. App. 1984). “NOTES [1] At the time of Flink's offenses, AS 11.41.440 provided in relevant part: Sexual abuse of a minor.”
State v. Andrews, 707 P.2d 900 (Alaska Ct. App. 1985). “Former AS 11.41.440; AS 12.55.125(e). Sexual contact with someone between the ages of thirteen and sixteen was a class A misdemeanor.”
Doe v. State, 189 P.3d 999 (Alaska 2008). “438; (ii) AS 11.41.440(a)(2); (iii) AS 11.41.450-11.”
Potts v. State, 712 P.2d 385 (Alaska Ct. App. 1986). “Former AS 11.41.440(a)(2). Potts appeals his convictions on several grounds: that the indictment did not provide sufficient notice, that there were constitutional infirmities in jury instructions dealing with mental states for the alleged crimes, and that there was prosecutorial…”
Moor v. State, 709 P.2d 498 (Alaska Ct. App. 1985). “Finally, Moor argues that the superior court erred in refusing to instruct the jury that an intent to gratify sexual desire was a necessary element of former AS 11.41.440 (sexual penetration with a minor) and former AS 11.”
Goulden v. State, 656 P.2d 1218 (Alaska Ct. App. 1983). “155(c)(10), and this case a particularly serious example of the conduct proscribed by AS 11.41.440. See Fee v. State, 656 P.2d 1202 (Alaska App.”
Malutin v. State, 198 P.3d 1177 (Alaska Ct. App. 2009). “The parties agree that Malutin was adjudicated a delinquent minor because he committed the offense of fourth-degree sexual abuse of a minor as defined in AS 11.41.440(a)(1). In other words, at a time when Malutin was younger than 16, he engaged in sexual contact with a child who…”
Doe v. State, Dep't of Pub. Saf., 92 P.3d 398 (Alaska 2004). “438; () AS 11.41.440()(@); (iii) AS 11.41.450-11.”
Qualle v. State, 652 P.2d 481 (Alaska Ct. App. 1982). “AS 11.41.440(a)(2), (b); 12.55.125(e). However, the new code creates a new offense, unlawful exploitation of a minor, AS 11.”
John Doe v. Dep't of Pub. Saf., 444 P.3d 116 (Alaska 2019). “438 ; AS 11.41.440(a)(2). AS 12.63.100(7)(C) ; AS 12.”
State v. Jackson, 776 P.2d 320 (Alaska Ct. App. 1989). “Coats involved a conviction under Alaska’s former sexual abuse of children statute, AS 11.41.440, which ranked the offense as a class C felony — the lowest category of felony offenses.”
Anderson v. State, 436 P.3d 1071 (Alaska Ct. App. 2018). “434 through AS 11.41.440. – 22 – 2629 term is broadly defined in AS 18.”
— Alaska Stat. § 11.41.440(a)(1) — 11 cases
Moor v. State, 709 P.2d 498 (Alaska Ct. App. 1985). “Finally, Moor argues that the superior court erred in refusing to instruct the jury that an intent to gratify sexual desire was a necessary element of former AS 11.41.440 (sexual penetration with a minor) and former AS 11.”
Goulden v. State, 656 P.2d 1218 (Alaska Ct. App. 1983). “155(c)(10), and this case a particularly serious example of the conduct proscribed by AS 11.41.440. See Fee v. State, 656 P.2d 1202 (Alaska App.”
Malutin v. State, 198 P.3d 1177 (Alaska Ct. App. 2009). “The parties agree that Malutin was adjudicated a delinquent minor because he committed the offense of fourth-degree sexual abuse of a minor as defined in AS 11.41.440(a)(1). In other words, at a time when Malutin was younger than 16, he engaged in sexual contact with a child who…”
Toney v. Fairbanks North Star Borough Sch. Dist., 881 P.2d 1112 (Alaska 1994).
Smith v. State, 745 P.2d 1375 (Alaska Ct. App. 1987).
— Alaska Stat. § 11.41.440(a)(2) — 22 cases
Flink v. State, 683 P.2d 725 (Alaska Ct. App. 1984). “NOTES [1] At the time of Flink's offenses, AS 11.41.440 provided in relevant part: Sexual abuse of a minor.”
Doe v. State, 189 P.3d 999 (Alaska 2008). “438; (ii) AS 11.41.440(a)(2); (iii) AS 11.41.450-11.”
Potts v. State, 712 P.2d 385 (Alaska Ct. App. 1986). “Former AS 11.41.440(a)(2). Potts appeals his convictions on several grounds: that the indictment did not provide sufficient notice, that there were constitutional infirmities in jury instructions dealing with mental states for the alleged crimes, and that there was prosecutorial…”
State v. Andrews, 707 P.2d 900 (Alaska Ct. App. 1985). “Former AS 11.41.440; AS 12.55.125(e). Sexual contact with someone between the ages of thirteen and sixteen was a class A misdemeanor.”
Qualle v. State, 652 P.2d 481 (Alaska Ct. App. 1982). “AS 11.41.440(a)(2), (b); 12.55.125(e). However, the new code creates a new offense, unlawful exploitation of a minor, AS 11.”
— Alaska Stat. § 11.41.440(b) — 6 cases
Malutin v. State, 198 P.3d 1177 (Alaska Ct. App. 2009). “The parties agree that Malutin was adjudicated a delinquent minor because he committed the offense of fourth-degree sexual abuse of a minor as defined in AS 11.41.440(a)(1). In other words, at a time when Malutin was younger than 16, he engaged in sexual contact with a child who…”
Flink v. State, 683 P.2d 725 (Alaska Ct. App. 1984). “NOTES [1] At the time of Flink's offenses, AS 11.41.440 provided in relevant part: Sexual abuse of a minor.”
MacK v. State, 900 P.2d 1202 (Alaska Ct. App. 1995).
Goulden v. State, 656 P.2d 1218 (Alaska Ct. App. 1983). “155(c)(10), and this case a particularly serious example of the conduct proscribed by AS 11.41.440. See Fee v. State, 656 P.2d 1202 (Alaska App.”
State v. Coats, 669 P.2d 1329 (Alaska Ct. App. 1983).
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