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(a) An offender commits the crime of sexual abuse of a minor in the first degree if
(1) being 16 years of age or older, the offender engages in sexual penetration with a person who is under 13 years of age or aids, induces, causes, or encourages a person who is under 13 years of age to engage in sexual penetration with another person;
(2) being 18 years of age or older, the offender engages in sexual penetration with a person who is under 18 years of age, and the offender is the victim’s natural parent, stepparent, adopted parent, or legal guardian; or
(3) being 18 years of age or older, the offender engages in sexual penetration with a person who is under 16 years of age, and
(A) the victim at the time of the offense is residing in the same household as the offender and the offender has authority over the victim; or
(B) the offender occupies a position of authority in relation to the victim.
(b) Sexual abuse of a minor in the first degree is an unclassified felony and is punishable as provided in AS 12.55.
(i) A defendant convicted of
(1) sexual assault in the first degree under AS 11.41.410 (a)(1)(A), (2), (3), or (4), sexual abuse of a minor in the first degree, unlawful exploitation of a minor under AS 11.41.455 (c)(2), or sex trafficking in the first degree under AS 11.66.110 (a)(2) may be sentenced to a definite term of imprisonment of not more than 99 years and shall be sentenced to a definite term within the following presumptive ranges, subject to adjustment as provided in AS 12.55.155 – 12.55.175:
(A) if the offense is a first felony conviction, the offense does not involve circumstances described in (B) of this paragraph, and the victim was
(i) less than 13 years of age, 25 to 35 years;
(ii) 13 years of age or older, 20 to 30 years;
(B) if the offense is a first felony conviction and the defendant possessed a firearm, used a dangerous instrument, or caused serious physical injury during the commission of the offense, 25 to 35 years;
(C) if the offense is a second felony conviction and does not involve circumstances described in (D) of this paragraph, 30 to 40 years;
(D) if the offense is a second felony conviction and the defendant has a prior conviction for a sexual felony, 35 to 45 years;
(E) if the offense is a third felony conviction and the defendant is not subject to sentencing under (F) of this paragraph or (l) of this section, 40 to 60 years;
(F) if the offense is a third felony conviction, the defendant is not subject to sentencing under (l) of this section, and the defendant has two prior convictions for sexual felonies, 99 years;
Alaska Stat. § 12.55.125
Reasoning: Rape of a child under 13, presumptive range is 25- life. Range drops if 13 or older. No death penalty.
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