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- Alaska Statutes.
- Title 11. Criminal Law
- Chapter 61. Offenses Against Public Order
- Section 123. Indecent Viewing or Photography.
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AS 11.61.123. Indecent Viewing or Photography.
- (a) A person commits the crime of indecent viewing or photography if, in the state, the person knowingly views, or
produces a picture of, the private exposure of the genitals, anus, or female breast of another person and the view or
production is without the knowledge or consent of
- (1) the parent or guardian of the person viewed, or who is shown in the picture, if the person who is viewed or shown is
under 16 years of age; and
- (2) the person viewed or shown in the picture, if the person viewed or shown is at least 13 years of age.
- (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 viewing or photography conducted by a law enforcement agency for a law enforcement
- (d) In a prosecution under this section, it is an affirmative defense that the viewing or photography was conducted as a
security surveillance system, notice of the viewing or photography 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) Indecent viewing or photography is a
- (1) class C felony if the person viewed or shown in a picture was, at the time of the viewing or production of the
picture, a minor;
- (2) class A misdemeanor if the person viewed or shown in a picture was, at the time of the viewing or production of the
picture, an adult.
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