AS Title 11, Chapter 76: Miscellaneous Offenses

Chapter 76. Miscellaneous Offenses. Sec. 11.76.100. Selling or giving tobacco to a minor. (a) A person commits the offense of selling or giving tobacco to a minor if the person (1) negligently sells a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 19 years of age; (2) is 19 years of age or older and negligently exchanges or gives a cigarette, a cigar, tobacco, or a product containing tobacco to a person under 19 years of age; (3) maintains a vending machine that dispenses cigarettes, cigars, tobacco, or products containing tobacco; or (4) holds a business license endorsement under AS 43.70.075 and allows a person under 19 years of age to sell a cigarette, a cigar, tobacco, or a product containing tobacco. (b) Notwithstanding the provisions of (a) of this section, a person who maintains a vending machine is not in violation of (a)(3) of this section if the vending machine is located (1) on premises licensed as a beverage dispensary under AS 04.09.200 or 04.09.350, licensed as a club under AS 04.09.220 , or licensed as a package store under AS 04.09.230 and (A) as far as practicable from the primary entrance; and (B) in a place that is directly and continually supervised by a person employed on the licensed premises during the hours the vending machine is accessible to the public; or (2) in an employee break room or other controlled area of a private work place that is not generally considered a public place and the room or area contains a posted warning sign at least 11 inches by 14 inches indicating that possession of tobacco by a person under 19 years of age is prohibited under AS 11.76.105 . (c) In this section, a person maintains a vending machine if the person owns the machine or owns or controls a facility in which the machine is located. (d) The court shall forward a record of each person convicted under this section who holds a business license endorsement under AS 43.70.075 , or who is an employee or agent of a person who holds a license endorsement under AS 43.70.075 to the Department of Commerce, Community, and Economic Development. (e) The provisions of (a) of this section do not apply to a person who sells or gives tobacco to a minor, if the minor is a prisoner at an adult correctional facility. (f) A person who violates (a) of this section is guilty of a violation and upon conviction is punishable by a fine of not less than $300. Sec. 11.76.105. Possession of tobacco, electronic smoking products, or products containing nicotine by a minor. (a) A person under 19 years of age may not knowingly possess a cigarette, a cigar, tobacco, a product containing tobacco, an electronic smoking product, or a product containing nicotine in this state. This subsection does not apply to a person who is a prisoner at an adult correctional facility. (b) In a prosecution under (a) of this section for possession of an electronic smoking product or a product containing nicotine, it is an affirmative defense that the electronic smoking product or product containing nicotine possessed by the person under 19 years of age was intended or expected to be consumed without being combusted, and the electronic smoking product or product containing nicotine (1) has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medical purposes; (2) was being marketed and sold for the approved purposes; and (3) was (A) prescribed by a health care professional; (B) given to the person by the person's parent or guardian; (C) provided by a state-approved tobacco cessation program administered by the Department of Health; or (D) provided by a pharmacist to a person 18 years of age or older without a prescription. (c) Possession of tobacco, an electronic smoking product, or a product containing nicotine by a minor is a violation. Sec. 11.76.106. Selling tobacco, electronic smoking products, or products containing nicotine outside controlled access. (a) Except as provided under (b) of this section, a person may not sell cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine unless the sale occurs in a manner that allows only the sales clerk to control access to the cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine. (b) Subsection (a) does not apply if the sale (1) is by vending machine as provided under AS 11.76.100 (b) or 11.76.109(d); (2) is a wholesale transaction, the person is licensed as a manufacturer or distributor under AS 43.50.010 , and the sale occurs on premises where no retail transactions occur; (3) is by a retailer who sells primarily cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine and who restricts access to the premises to only those individuals who are 19 years of age or older; or (4) is of electronic smoking products over the Internet to a person 19 years of age or older. (c) A person who violates this section is guilty of a violation and upon conviction is subject to a fine of not less than $300. Sec. 11.76.107. Failure to supervise vending machine. (a) A person commits the offense of failure to supervise a vending machine if the person owns premises licensed as a beverage dispensary under AS 04.09.200 or 04.09.350, licensed as a club under AS 04.09.220 , or licensed as a package store under AS 04.09.230 and with criminal negligence fails to have an employee supervise a vending machine on those premises that dispenses cigarettes, cigars, tobacco, products containing tobacco, electronic smoking products, or products containing nicotine as required by AS 11.76.100 (b)(1)(B) and 11.76.109(d)(1)(B). (b) In this section, “supervise” means reasonably monitor the use of. (c) Failure to supervise a vending machine is a violation and upon conviction is punishable by a fine of not less than $300. Sec. 11.76.109. Selling or giving product containing nicotine to a minor. (a) A person commits the offense of selling or giving an electronic smoking product or a product containing nicotine to a minor if the person (1) negligently sells an electronic smoking product or a product containing nicotine to a person under 19 years of age; (2) is 19 years of age or older and negligently exchanges or gives an electronic smoking product or a product containing nicotine to a person under 19 years of age; (3) maintains a vending machine that dispenses electronic smoking products or products containing nicotine; or (4) holds a business license endorsement under AS 43.70.075 and allows a person under 19 years of age to sell an electronic smoking product or a product containing nicotine. (b) The provisions of (a) of this section do not apply to the sale, exchange, or gift to a person under 19 years of age of an electronic smoking product or a product containing nicotine that is intended or expected to be consumed without being combusted if the electronic smoking product or product containing nicotine (1) has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medical purposes; (2) is being marketed and sold solely for the approved purposes; and (3) is (A) prescribed by a health care professional; (B) given to a person by the person's parent or legal guardian; (C) provided by a state-approved tobacco cessation program administered by the Department of Health; or (D) provided by a pharmacist to a person 18 years of age or older without a prescription. (c) An employer is legally accountable as provided in AS 11.16.110 for the conduct of an employee who violates (a) of this section if the employer negligently fails to advise the employee regarding the conduct prohibited in (a) of this section. (d) Notwithstanding (a)(3) of this section, a person who maintains a vending machine is not in violation of (a)(3) of this section if the vending machine is located (1) on premises licensed as a beverage dispensary under AS 04.09.200 or 04.09.350, licensed as a club under AS 04.09.220 , or licensed as a package store under AS 04.09.230 , and is located (A) as far as practicable from the primary entrance; and (B) in a place that is directly and continually supervised by a person employed on the licensed premises during the hours the vending machine is accessible to the public; or (2) in an employee break room or other controlled area of a private work place that is not generally considered a public place and the room or area contains a posted warning sign at least 11 inches by 8.5 inches indicating that possession of electronic smoking products or products containing nicotine by a person under 19 years of age without a prescription is prohibited under this section. (e) The court shall forward a record of each person convicted under this section who holds a business license endorsement under AS 43.70.075 , or who is an employee or agent of a person who holds a business license endorsement under AS 43.70.075 , to the Department of Commerce, Community, and Economic Development. (f) In this section, “product containing nicotine” does not include a cigarette, a cigar, tobacco, or a product containing tobacco. (g) Selling or giving an electronic smoking product or a product containing nicotine to a minor is a violation and, upon conviction, is punishable by a fine of not less than $300. Sec. 11.76.110. Interference with constitutional rights. (a) A person commits the crime of interference with constitutional rights if (1) the person injures, oppresses, threatens, or intimidates another person with intent to deprive that person of a right, privilege, or immunity in fact granted by the constitution or laws of this state; (2) the person intentionally injures, oppresses, threatens, or intimidates another person because that person has exercised or enjoyed a right, privilege, or immunity in fact granted by the constitution or laws of this state; or (3) under color of law, ordinance, or regulation of this state or a municipality or other political subdivision of this state, the person intentionally deprives another of a right, privilege, or immunity in fact granted by the constitution or laws of this state. (b) In a prosecution under this section, whether the injury, oppression, threat, intimidation, or deprivation concerns a right, privilege, or immunity granted by the constitution or laws of this state is a question of law. (c) Interference with constitutional rights is a class A misdemeanor. Sec. 11.76.113. Misconduct involving confidential information in the first degree. (a) A person commits the crime of misconduct involving confidential information in the first degree if the person (1) violates AS 11.76.115 and obtains the confidential information with the intent to (A) use the confidential information to commit a crime; or (B) obtain a benefit to which the person is not entitled, to injure another person, or to deprive another person of a benefit; or (2) publishes or distributes an audio or video recording of an interview of a child for a criminal or child protection investigation, or records of a medical examination of a victim or minor conducted for the purpose of the investigation of an offense under AS 11.41.410 — 11.41.440, 11.41.450, or a child protection investigation, including photographs taken during the examination. (b) Conviction under this section does not limit a person's ability to obtain civil relief from another person. (c) The provisions of (a)(2) of this section do not apply to (1) a person who publishes or distributes a recording, record, or image as permitted or directed under (A) a court order; (B) a rule of court; or (C) a federal or state law requiring the publication or distribution; (2) the use of a recording, record, or image for training by law enforcement officials, prosecutors, or defense counsel, if the identity of the minor or victim is concealed; or (3) a recording, record, or image that is released with the consent of (A) an adult victim or a minor victim for whom the disabilities of minority have been removed for general purposes under AS 09.55.590 ; or (B) a minor's parent or guardian unless the parent or guardian is the perpetrator of the abuse or offense about which the recording, record, or image was gathered. (d) Misconduct involving confidential information in the first degree is a class A misdemeanor. Sec. 11.76.115. Misconduct involving confidential information in the second degree. (a) A person commits the crime of misconduct involving confidential information in the second degree if the person, without legal authority or the consent of another person, knowingly obtains confidential information about the other person. (b) Conviction under this section does not limit a person's ability to obtain civil relief from another person. (c) In this section, “confidential information” includes (1) information that has been classified confidential by law; (2) information encoded on an access device, identification card issued under AS 18.65.310 or AS 33.30.105 , or driver's license. (d) Misconduct involving confidential information in the second degree is a class B misdemeanor. Sec. 11.76.120. Opening or publishing contents of sealed letters. A person who wilfully opens or reads, or has opened and read, a sealed letter not addressed to the person, without authority to do so by the writer or by the person to whom it is addressed, or who wilfully, without the same authority, publishes a letter or portion of it, knowing it to have been opened without the authority of the writer or addressee, upon conviction, is punishable by imprisonment in jail not less than one month nor more than one year, or by a fine of not less than $50 nor more than $500. This section does not extend to or include an act made punishable by a law of the federal government. Sec. 11.76.130. Interference with rights of physically or mentally challenged person. (a) A person commits the crime of interference with the rights of a physically or mentally challenged person if the person intentionally prevents or restricts (1) a physically or mentally challenged person from having full and free pedestrian use of a street, highway, sidewalk, walkway, or other thoroughfare to the same extent that any other person has a right to pedestrian use; or (2) a physically or mentally challenged person from being accompanied or assisted by a certified service animal, without an extra charge for the service animal, in a common carrier, place of public accommodation, or other place to which the general public is invited except as provided in (b) of this section. (b) A physically or mentally challenged person who is accompanied or assisted by a certified service animal in a common carrier, place of public accommodation, or other place to which the general public is invited is liable for property damage done by the animal. (c) In this section, (1) “certified service animal” means an animal trained to assist a physically or mentally challenged person and certified by a school or training facility for service animals as having completed such training; (2) “physically or mentally challenged ” means physically or mentally disabled, as defined in AS 18.80.300 . (d) Interference with the rights of a physically or mentally challenged person is a class B misdemeanor. Sec. 11.76.133. Interference with the training of a service animal. (a) A person commits the offense of interference with the training of a service animal if the person intentionally prevents or restricts a person who is authorized to train a service animal from being accompanied by an animal that is identified as being in training to be a service animal, or assesses an extra charge because of the animal, in a public facility, except as provided in (b) and (c) of this section. (b) A trainer who is accompanied by an animal in training to be a service animal in a public facility is liable for property damage done by the animal. (c) It is an affirmative defense to a prosecution under this section that (1) the person accompanied by the animal in training to be a service animal did not, when requested by the defendant, give reasonable evidence of being a person authorized to train service animals; or (2) the defendant prevented entry into the facility or caused the trainer and the animal to leave or be removed from the facility based on unruly or disruptive conduct of the animal that created (A) a substantial risk of imminent physical injury to a person other than the trainer; or (B) an atmosphere that made regular activities by other persons in the facility substantially more difficult than usual. (d) In this section, (1) “authorized” means employed by, or serving as a volunteer with, a school, agency, or other facility that trains service animals; (2) “identified as being in training” means wearing a device or exhibiting an insignia approved by a school, agency, or other facility that trains service animals that identifies the animal as being in training to be a service animal; (3) “in training to be a service animal” means being in the pre-training or training period as required under a program administered through a school, agency, or other training facility for service animals whose goal is to certify the animal as being able to assist physically or mentally challenged persons; (4) “public facility” means a capital improvement owned, operated, or occupied by, or a mode of transportation owned or operated by, the state, a public corporation of the state, the University of Alaska, a political subdivision of the state, or a regional educational attendance area. (e) Interference with the training of a service animal is a violation. Sec. 11.76.140. Avoidance of ignition interlock device. (a) A person commits the crime of avoidance of ignition interlock device if the person knowingly (1) circumvents or tampers with an ignition interlock device in a manner intended to allow a person on probation under AS 12.55.102 , with a condition of sentence under AS 12.55.102 or another section, or who has an ignition interlock limited license to avoid using the device; (2) rents a motor vehicle to a person and with criminal negligence disregards the fact that the person is on probation under AS 12.55.102 , has a condition of sentence under AS 12.55.102 or another section, or has an ignition interlock limited license, unless the vehicle is equipped with an ignition interlock device described in AS 12.55.102 ; or (3) loans a motor vehicle to a person and knowingly disregards the fact that the person is on probation under AS 12.55.102 , has a condition of sentence under AS 12.55.102 or another section, or has an ignition interlock limited license, unless the vehicle is equipped with an ignition interlock device described in AS 12.55.102 . (b) Avoidance of ignition interlock device (1) under (a)(1) of this section is a class A misdemeanor; (2) under (a)(2) or (3) of this section is a class B misdemeanor and is punishable by a term of imprisonment of not more than 30 days and a fine of not more than $500. Sec. 11.76.150. Sale of products containing dextromethorphan. (a) A seller, retailer, or vendor may not sell a product containing dextromethorphan to another person unless (1) the seller, retailer, or vendor checks a government-issued photo identification and determines the person is 18 years of age or older; (2) from the person's outward appearance, the seller, retailer, or vendor would reasonably presume the person to be 25 years of age or older; or (3) the person is under 18 years of age and has a prescription for the product issued by a licensed practitioner. (b) A seller, retailer, or vendor or an employee of a seller, retailer, or vendor who knowingly or wilfully violates this section is guilty of a violation and is punishable by a fine of (1) $150 for the first violation; and (2) $250 for the second and each subsequent violation.