Alaska Statutes
Alaska Stat. § 11.61.127 (2026)
Possession of child sexual abuse material
✓ current as of July 2026
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Sec. 11.61.127. Possession of child sexual abuse material.
(a) A person commits the crime of possession of child sexual abuse material if the person knowingly possesses or knowingly accesses on a computer with intent to view any material that visually depicts conduct described in AS 11.41.455(a) knowing that the production of the material involved the use of a child under 18 years of age who engaged in the conduct or a depiction of a part of an actual child under 18 years of age who, by manipulation, creation, or modification, appears to be engaged in the conduct.
(b) This section does not apply to persons providing plethysmograph assessments in the course of a sex offender treatment program that meets the minimum standards under AS 33.30.011(a)(5).
(c) Each film, audio, video, electronic, or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine, or other material that visually or aurally depicts conduct described in AS 11.41.455(a) that is possessed or accessed in violation of (a) of this section is a separate violation of this section.
(d) In a prosecution under (a) of this section, it is an affirmative defense that the person
(1) possessed or accessed fewer than three depictions described in (a) of this section; and
(2) without allowing any person other than a law enforcement agency to view the depictions, either took reasonable steps to destroy the depictions, or reported the matter to a law enforcement agency and allowed the agency access to the depictions.
(e) In a prosecution under (a) of this section, the prosecution is not required to prove the identity of a minor depicted or that the defendant knew the identity of a minor depicted.
(f) In this section, “computer” has the meaning given in AS 11.46.990.
(g) Possession of child sexual abuse material is a class C felony.
(a) A person commits the crime of possession of child sexual abuse material if the person knowingly possesses or knowingly accesses on a computer with intent to view any material that visually depicts conduct described in AS 11.41.455(a) knowing that the production of the material involved the use of a child under 18 years of age who engaged in the conduct or a depiction of a part of an actual child under 18 years of age who, by manipulation, creation, or modification, appears to be engaged in the conduct.
(b) This section does not apply to persons providing plethysmograph assessments in the course of a sex offender treatment program that meets the minimum standards under AS 33.30.011(a)(5).
(c) Each film, audio, video, electronic, or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine, or other material that visually or aurally depicts conduct described in AS 11.41.455(a) that is possessed or accessed in violation of (a) of this section is a separate violation of this section.
(d) In a prosecution under (a) of this section, it is an affirmative defense that the person
(1) possessed or accessed fewer than three depictions described in (a) of this section; and
(2) without allowing any person other than a law enforcement agency to view the depictions, either took reasonable steps to destroy the depictions, or reported the matter to a law enforcement agency and allowed the agency access to the depictions.
(e) In a prosecution under (a) of this section, the prosecution is not required to prove the identity of a minor depicted or that the defendant knew the identity of a minor depicted.
(f) In this section, “computer” has the meaning given in AS 11.46.990.
(g) Possession of child sexual abuse material is a class C felony.
Notes of Decisions
Cited in 25
cases (7 in the last 5 years), 2004–2026 · leading case: State v. Parker, 147 P.3d 690 (Alaska 2006).
State v. Parker, 147 P.3d 690 (Alaska 2006). “We have already noted that each pornographic photograph and video found in Parker's briefcase could support a separate violation of AS 11.61.127. Additional information from Parker's presentence report might have led to further charges: His briefcase contained semi-nude photos…”
Marsh v. People, 389 P.3d 100 (Colo. 2017). “, Alaska Stat. Ann. § 11.61.127 (a) (West 2016) (“knowingly possesses or knowingly accesses on a computer with intent to view”); Ark.”
Worden v. State, 213 P.3d 144 (Alaska Ct. App. 2009). “But we conclude that AS 11.61.127, the Alaska Statute prohibiting the knowing possession of child pornography, *148 does not criminalize merely viewing images of child pornography on a computer.”
Ferrick v. State, 217 P.3d 418 (Alaska Ct. App. 2009). “Seemingly, then, AS 11.61.127(3) is fully consistent with the ruling in Free Speech Coalition-in that the statute applies only to pornographic materials that were produced using real children under the age of 18.”
John Doe v. Dep't of Pub. Saf., 444 P.3d 116 (Alaska 2019). “125 ; AS 11.61.127 ; AS 11.61.128. AS 12.63.100(7)(C)(vi) ; AS 11.”
Commonwealth v. Davidson, 938 A.2d 198 (Pa. 2007). “Code § 13A-12-192; Alaska Stat. § 11.61.127 ; Ariz.Rev.Stat.”
Brown v. State, 404 P.3d 191 (Alaska Ct. App. 2017). “125 and AS 11.61.127, respectively. –2– 2562 For purposes of this mitigator, combat-related PTSD is defined as PTSD that results from “combat with an enemy of the United States in the line of duty while on active duty as a member of the armed forces of the United States[.”
State of West Virginia v. Wayne Dubuque, 805 S.E.2d 421 (W. Va. 2017). “”); Alaska Stat. § 11.61.127 [2010] (“Each film, audio, video, electronic, 14 or electromagnetic recording, photograph, negative, slide, book, newspaper, magazine, or other material that visually or aurally depicts conduct described in AS 11.”
In Re Commitment of Sandry, 857 N.E.2d 295 (Ill. App. Ct. 2006). “004 00 002 (2006) (“Assessments of adult offender risk will be based on actuarial analyses, information obtained from interview, psychological testing and evaluation, review of relevant records and historical data, and polygraph or penile plethysmograph, if deemed necessary by…”
Patterson v. Walker, 429 P.3d 829 (Alaska 2018). “He argued that his conviction violated the due process clause because the child pornography he was convicted of possessing was created outside Alaska; he contended that AS 11.61.127 criminalizes only the possession of images created in the state.”
Parker v. State, 90 P.3d 194 (Alaska Ct. App. 2004). “Parker’s sentences for exploitation of a minor and for possession of child pornography are VACATED.”
Williams v. State, 418 P.3d 870 (Alaska Ct. App. 2018). “Conclusion We AFFIRM Williams's convictions for possessing child pornography, but we VACATE his sentence, and we REMAND this case to the superior court with directions to re-sentence Williams as a first felony offender under the provisions of AS 12.”
— Alaska Stat. § 11.61.127(3) — 1 case
Ferrick v. State, 217 P.3d 418 (Alaska Ct. App. 2009). “Seemingly, then, AS 11.61.127(3) is fully consistent with the ruling in Free Speech Coalition-in that the statute applies only to pornographic materials that were produced using real children under the age of 18.”
— Alaska Stat. § 11.61.127(a) — 9 cases
State v. Parker, 147 P.3d 690 (Alaska 2006). “We have already noted that each pornographic photograph and video found in Parker's briefcase could support a separate violation of AS 11.61.127. Additional information from Parker's presentence report might have led to further charges: His briefcase contained semi-nude photos…”
Ferrick v. State, 217 P.3d 418 (Alaska Ct. App. 2009). “Seemingly, then, AS 11.61.127(3) is fully consistent with the ruling in Free Speech Coalition-in that the statute applies only to pornographic materials that were produced using real children under the age of 18.”
Diorec v. State, 295 P.3d 409 (Alaska Ct. App. 2013).
Parker v. State, 90 P.3d 194 (Alaska Ct. App. 2004). “Parker’s sentences for exploitation of a minor and for possession of child pornography are VACATED.”
Williams v. State, 418 P.3d 870 (Alaska Ct. App. 2018). “Conclusion We AFFIRM Williams's convictions for possessing child pornography, but we VACATE his sentence, and we REMAND this case to the superior court with directions to re-sentence Williams as a first felony offender under the provisions of AS 12.”
— Alaska Stat. § 11.61.127(c) — 3 cases
State v. Parker, 147 P.3d 690 (Alaska 2006). “We have already noted that each pornographic photograph and video found in Parker's briefcase could support a separate violation of AS 11.61.127. Additional information from Parker's presentence report might have led to further charges: His briefcase contained semi-nude photos…”
Worden v. State, 213 P.3d 144 (Alaska Ct. App. 2009). “But we conclude that AS 11.61.127, the Alaska Statute prohibiting the knowing possession of child pornography, *148 does not criminalize merely viewing images of child pornography on a computer.”
Thompson v. State, 378 P.3d 707 (Alaska Ct. App. 2016).
— Alaska Stat. § 11.61.127(d) — 2 cases
Parker v. State, 90 P.3d 194 (Alaska Ct. App. 2004). “Parker’s sentences for exploitation of a minor and for possession of child pornography are VACATED.”
Parker v. State, 151 P.3d 478 (Alaska Ct. App. 2006).
— Alaska Stat. § 11.61.127(g) — 1 case
Williams v. State, 418 P.3d 870 (Alaska Ct. App. 2018). “Conclusion We AFFIRM Williams's convictions for possessing child pornography, but we VACATE his sentence, and we REMAND this case to the superior court with directions to re-sentence Williams as a first felony offender under the provisions of AS 12.”
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