By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed September 02, 2024
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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.
These laws were used to discriminate against gays and lesbians and were found to be unconstitutional by the U.S. Supreme Court in 2003. But, some consensual sexual acts remain criminalized under state laws, 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.
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.
Alaska repealed its anti-sodomy law in 1980, well before the 2003 Supreme Court ruling.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).
More provisions of Alaska laws prohibiting certain kinds of consensual sexual activities are in the following table. See FindLaw's Sex Crimes section to learn about prohibited non-consensual sex acts.
| Sodomy laws applicable | Alaska sodomy law repealed in 1980 |
|---|---|
| Penalty for sodomy | n/a |
| HIV exposure and compelled testing for offenders | 18.15.300. 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 |
| Other crimes relating to consensual sex acts | 11.41.460. Indecent exposure: Class B misdemeanor |
Note: 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 Alaska criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
In Alaska, statutory rape laws 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.
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.
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.
If you have questions about the laws on prohibited consensual sexual activity in Alaska, consulting a criminal law attorney is essential. Alaska's age of consent laws, which cover sexual relationships and the legal boundaries for sexual conduct, can be complicated. An attorney can help you understand how these laws impact various situations, including potential charges for sexual offenses such as sexual assault or abuse of a minor. They can also guide you through the legal process if you are facing accusations related to being labeled a sex offender.
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