Alaska Child Abuse Laws

When an adult (typically a family member or someone with access to a child) acts in a way that puts a child's health and welfare at risk, they may face child abuse charges. All states consider child abuse a serious crime, and the Department of Health and Social Services may take at-risk children into protective custody.

If an adult jeopardizes a child’s welfare, they’ll face severe penalties. Since it’s rare for a child to report things like domestic violence and sexual assault, the state relies on “mandatory reporters” to notify the state of suspected child abuse.

In this article, we’ll explain how the state of Alaska defines child abuse and neglect. We will also discuss mandatory reporters and their duties to the children in their care.

If you suspect that a child is experiencing abuse, contact the Alaska Department of Health and Social Services Office of Children's Services or your local police department right away. A local domestic violence or family law attorney can assist you if you need help filing for a protective order or taking other measures to protect yourself or a child.

If you’re facing child abuse charges, consult an Alaska criminal defense lawyer for help right away. The penalties for child abuse convictions in Alaska are severe, and can include both jail time and fines.

What Qualifies as Child Abuse in Alaska?

Alaska law is similar to the laws in other states when it comes to child abuse. While most people assume this crime involves physical abuse, there are various behaviors that fall under the umbrella of child abuse.

Child abuse in Alaska may include the following:

• Physical injury or neglect
• Mental injury
• Sexual abuse
• Sexual exploitation
• Child sexual abuse
• Child pornography
• Denial of medical or mental health care
• Allowing children to ingest intoxicants, alcohol, and dangerous drugs

The state defines "mental injury" as acts that damage a child's emotional well-being to the point that it impairs the child's ability to function.

Essentially, anything that threatens the welfare of a child may constitute child abuse under Alaska law.

Penalties for Child Abuse and Neglect in Alaska

The penalties for abuse and maltreatment of children in Alaska can range from fines to up to 99 years in prison. The penalty largely depends on the nature and extent of the maltreatment.

Some types of child abuse, such as causing physical injury to a child, qualify as Class A misdemeanors. Others, including second-degree sexual abuse of a child, constitute a Class B felony, carrying a possible prison sentence of up to ten years and fines of up to $100,000.

According to Alaska's code of criminal procedure, the penalties for child abuse and related crimes are as follows:

• Causing the death of a child through abuse or neglect: Class B felony with a punishment of up to ten years in prison and hefty fines
• Causing serious bodily injury to a child: Class C felony, punishable by up to five years in prison and fines
• Causing physical injury to a minor: Class A misdemeanor, carrying a penalty of up to 90 days in jail and fines of up to $2,000

Alaska state law also imposes severe penalties for sexual abuse of a child. The punishment for first-degree child sexual abuse of a child under 13 is 25-35 years in prison. If the child is over 13, If the child is over 13, the defendant faces a prison sentence of 20-30 years. A second conviction is punishable by 34-45 years in prison.

As we’ll discuss below, people who commit child abuse are not the only ones who may face criminal charges. Someone who fails to report suspected child abuse may face criminal penalties as well.

Mandatory Reporters

Alaska law requires mandatory reporters to report suspected child abuse to a law enforcement agency. This includes abuse at the hands of the child’s parent, foster parent, or legal guardian.

The following professionals are mandatory reporters under Alaska law:

• Practitioners of the healing arts
• Religious healing practitioners
• Childcare providers
• School teachers
• Social workers
• Peace officers
• Administrative officers of institutions
• Counseling and crisis intervention programs paid employees

Reports of harm to a child are kept confidential. A child's parent will not be told who reported them.

Mandated reporters are responsible for the reporting of child abuse and may face criminal penalties if they fail to do so. You must report suspected abuse if you have reasonable cause to believe a child is experiencing abuse or neglect.

Failure to file a report is a Class B misdemeanor, as is filing a false report of child abuse. Conviction can lead to up to one year in jail and a fine of up to $10,000.

Alaska law also requires anyone who provides film, photo, or video processing services to report suspected child sexual abuse materials (child pornography) to law enforcement. This rule also applies to people who install and repair computers, as well as internet and cellphone service providers.

Contact a Local Attorney for Help

Whether you’re facing child abuse charges or suspect a child is suffering abuse or neglect, a legal professional can help. If the state has filed criminal charges against you or a loved one, you should contact an experienced Alaska criminal defense attorney.

If, on the other hand, you suspect someone of child abuse, you may want to contact a local family law attorney for help.