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Legal Information: Alaska

Statutes: Alaska

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Updated: 
December 18, 2019

Sec. 11.61.123. Indecent viewing or photography

(a) A person commits the crime of indecent viewing or production of a picture if the person knowingly

(1) views, or views a picture of, the private exposure of the genitals, anus, or female breast of another person; or

(2) produces a picture of the private exposure of the genitals, anus, or female breast of another person.

(b) Each viewing of a person, and each production of a picture of a person, whose genitals, anus, or female breast are viewed or are shown in a picture constitutes a separate violation of this section.

(c) This section does not apply to the viewing or production of a picture conducted by a law enforcement agency for a law enforcement purpose.

(d) In a prosecution under this section, it is an affirmative defense that the viewing or production of a picture was conducted as a security surveillance system, notice of the viewing or production was posted, and any viewing or use of pictures produced is done only in the interest of crime prevention or prosecution.

(e) In this section,

(1) “picture” means a film, photograph, negative, slide, book, newspaper, or magazine, whether in print, electronic, magnetic, or digital format; and

(2) “private exposure” means that a person has exposed the person’s body or part of the body in a place, and under circumstances, that the person reasonably believed would not result in the person’s body or body parts being (A) viewed by the defendant; or (B) produced in a picture; “private exposure” does not include the exposure of a person’s body or body parts in a law enforcement facility, correctional facility, designated treatment facility, or a juvenile detention facility; in this paragraph, “correctional facility” has the meaning given in AS 33.30.901, “designated treatment facility” has the meaning given in AS 47.30.915, and “juvenile detention facility” has the meaning given in AS 47.12.990.

(f) The provisions of this section do not apply to acts

(1) that may reasonably be construed to be normal caretaker responsibilities for a child, interactions with a child, or affection for a child; or

(2) performed for the purpose of administering a recognized and lawful form of treatment that is reasonably adapted to promoting the physical or mental health of the person being treated.

(g) Indecent viewing or production of a picture is a

(1) class B felony if the person violates (a)(2) of this section and the person shown in the picture was, at the time of the production of the picture, a minor;

(2) class C felony if the person

(A) violates (a)(1) of this section and the person viewed

(i) was, at the time of the viewing, a minor; or

(ii) in the picture was, at the time of the production of the picture, a minor; or

(B) violates (a)(2) of this section and the person shown in the picture was, at the time of the production of the picture, an adult;

(3) class A misdemeanor if the person violates (a)(1) of this section and the person viewed

(A) was, at the time of the viewing, an adult; or

(B) in the picture was, at the time of the production of the picture, an adult.