aggravating circumstances

Alaska Stat. § 11.41.455 prohibits a person from knowingly inducing, employing, or recording a child under 18 in sexually explicit conduct including penetration, lewd touching, masturbation, bestiality, sexual masochism or sadism, or exhibition. It also holds a parent, guardian, or custodian criminally liable if they knowingly permit a child to engage in such conduct for purposes of recording or depiction. The offense is a class A felony, or an unclassified felony if the child is under 13 or the offender has prior convictions.

Alaska Statutes §§ 11.41.260–.270 establish the laws for stalking in the first and second degree. Under § 11.41.270, a person commits stalking in the second degree by knowingly engaging in a course of nonconsensual conduct that recklessly places another in fear of death, physical injury to themselves or a family member.

This Act criminalizes slavery in all forms and provides protection and support for victims of trafficking. As defined by the Act, "'exploitation' includes, at the minimum, induced prostitution and other forms of sexual exploitation, forced marriage, forced or bonded services, or practices similar to slavery, servitude or the removal of human organs." The definition of trafficking is comprehensive and defined in Part 2, Section 5(3) of the Act.

This case is an appeal by the Attorney-General against a sentence imposed by the High Court for two convictions of defilement of a 13-year-old girl. The respondent was convicted on two counts of defilement and sentenced to four years and six months’ imprisonment, despite the statutory maximum of life imprisonment. The Attorney-General appealed on the ground that the sentence was manifestly inadequate. The Court of Appeal held that sentencing for defilement should begin with a minimum of five years’ imprisonment, subject to adjustments for aggravating and mitigating factors.

The victim was a 13-year-old girl who reported to have been raped by the defendant. The defendant was charged with rape and unlawful sexual intercourse with a minor. While the defendant admitted to having sex with the minor, he contested the rape charge. Aggravating factors were considered, and the case law examined had identified a pattern: the younger the victim, the higher the custodial sentence imposed. In this case, the fact that the victim had a diagnosis of autism was regarded as an aggravating factor.

Article 80 of the Penal Code focuses on the types of homicide punishable by life in prison. These crimes include, among others: (i) homicide of a relative, an ex-spouse, or someone that the perpetrator was in a relationship with, regardless of cohabitation; (ii) homicide via cruelty, treachery, or insidious form; (iii) homicide of a victim with a bounty; (iv) homicide for pleasure, greed, or hate against the victim’s race, gender, sexual orientation, or gender identity or expression; and (v) homicide by a man against a woman involving gender violence (i.e., femicide).

A person who takes, hides, or imprisons a pregnant woman in order to force the woman or a third party to do, not do, or tolerate something against his or her will is subject to imprisonment of between 10 to 25 years. A person who kidnaps or hides a pregnant woman to obtain a ransom is subject to imprisonment of between 10 to 25 years. If perpetrator obtains the desired gain, the minimum penalty will be raised to eight years.

Art. 343 prohibits the production and distribution of pornographic materials or items of a pornographic nature depicting minors, which is punishable by correctional work for up to two years, administrative arrest, restraint on liberty, or imprisonment for a term of up to four years, and by a term of up to eight years in case of aggravating circumstances. 

Art.

The Human Trafficking Amendment Act amends the Criminal Law (Human Trafficking) Act 2008 (available here) and the Child Trafficking and Pornography Act 1998 (available here). The Act of 2008 defined human trafficking and exploitation for the purposes of trafficking. It also contains specific provisions for the trafficking of children.