{"id":371456,"date":"2016-03-31T21:34:19","date_gmt":"2016-04-01T02:34:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/alaska-law\/alaska-prohibited-consensual-sexual-activity-laws.html"},"modified":"2024-09-02T10:56:47","modified_gmt":"2024-09-02T15:56:47","slug":"alaska-prohibited-consensual-sexual-activity-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alaska-law\/alaska-prohibited-consensual-sexual-activity-laws.html","title":{"rendered":"Alaska Prohibited Consensual Sexual Activity Laws"},"content":{"rendered":"\n
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Alaska Prohibited Consensual Sexual Activity Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Consent of all parties involved is always required for any sexual activity, although sexual activities generally are a private matter. But many states still had anti-sodomy laws in the early 21st century that criminalized any so-called "unnatural" sex acts, regardless of consent or whether the act was in private.<\/p>\r\n

These laws were used to discriminate against gays and lesbians and were found to be unconstitutional by the U.S. Supreme Court<\/a> in 2003. But, some consensual sexual acts remain criminalized under state laws<\/a>, particularly when they involve unwitting third parties in an offensive or shocking manner. For instance, engaging in sexual acts in public (or even in private, if the act is visible to others) or exposing your genitals in public is illegal under most state laws.<\/p>\r\n

This is an evolving area of law that typically reflects the times and the unique culture of each state. This article explains Alaska’s prohibited consensual sexual activity laws.<\/p>\r\n

Alaska Laws Prohibiting Certain Consensual Sexual Acts<\/b><\/h2>\r\n

Alaska repealed its anti-sodomy law in 1980, well before the 2003 Supreme Court ruling. State law bans indecent exposure and disorderly conduct (a "catch-all" that may include certain sexual acts).<\/p>\r\n

More provisions of Alaska laws prohibiting certain kinds of consensual sexual activities are in the following table. See FindLaw’s Sex Crimes<\/a> section to learn about prohibited non-consensual sex acts.<\/p>\r\n\r\n
Sodomy laws applicable <\/th>\r\nAlaska sodomy law repealed in 1980
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Penalty for sodomy<\/th>\r\nn\/a
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HIV exposure and compelled testing for offenders<\/th>\r\n18.15.300<\/a>. Upon receipt of a petition by the victim, the court must order testing if there is probable cause that a crime involving sexual penetration took place<\/td>\r\n<\/tr>
Other crimes relating to consensual sex acts<\/th>\r\n

11.41.460<\/a>. Indecent exposure: Class B misdemeanor
\r\n11.61.110<\/a> (a)(7) Disorderly conduct: Class B misdemeanor (up to 90 days in jail and $2,000)<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws are not carved in stone and may change at any time through the enactment of newly signed legislation or voter-approved ballot initiatives, higher court rulings, or other means. While we strive to ensure these pages’ accuracy, you may also want to contact an <\/i>Alaska criminal defense attorney<\/i><\/a> or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Alaska Statutory Rape Laws<\/b><\/h2>\r\n

In Alaska, statutory rape laws<\/a> are to protect minors from sexual exploitation and abuse. The age of consent is 16 years of age. This means anyone younger than this can’t legally consent to sexual intercourse or other sexual contact.<\/p>\r\n

Unlawful sexual activities with those under 16 are sexual assault or sexual abuse of a minor, with penalties varying from fourth-degree charges to first-degree offenses. First-degree sexual abuse of a minor is a Class A felony, while second-degree is a B felony. Sexual abuse of a minor in the fourth degree is a class A misdemeanor.<\/p>\r\n

Alaska’s consent laws also address situations involving people in a position of authority, such as a legal guardian, and include a "close-in-age" or "Romeo and Juliet" law. This law offers some legal leeway for consensual sexual conduct between those who are close in age. These laws aim to balance minor age differences with the need to protect younger children from exploitation.<\/p>\r\n

Research the Law<\/b><\/h2>\r\n