Alaskan PROSTITUTION LAWS

Alaska Prostitution and Related Offenses | Definition of Prostitution – AK Stat 11.66.150

In AS 11.66.100 – 11.66.150, unless the context requires otherwise,

(1) “compensation” does not include any payment for reasonably apportioned shared expenses;

(2) “place of prostitution” means any place where a person engages in sexual conduct in return for a fee;

(3) “prostitution enterprise” means an arrangement in which two or more persons are organized to render sexual conduct in return for a fee;

(4) “sexual conduct” means genital or anal intercourse, cunnilingus, fellatio, or masturbation of one person by another person.

Alaska Prostitution and Related Offenses | Prostitution – AK Stat 11.66.100

(a) A person commits the crime of prostitution if the person

(1) engages in or agrees or offers to engage in sexual conduct in return for a fee; or

(2) offers a fee in return for sexual conduct.

(b) In a prosecution under (e) of this section, it is an affirmative defense that, at the time of the alleged offense, the defendant

(1) reasonably believed the prostitute to be 18 years of age or older; and

(2) undertook reasonable measures to verify that the prostitute was 18 years of age or older.

(c) A person may not be prosecuted under (a)(1) of this section if the

(1) person witnessed or was a victim of, and reported to law enforcement in good faith, one or more of the following crimes:

(A) murder in the first degree under AS 11.41.100;

(B) murder in the second degree under AS 11.41.110;

(C) manslaughter under AS 11.41.120;

(D) criminally negligent homicide under AS 11.41.130;

(E) assault in the first degree under AS 11.41.200;

(F) assault in the second degree under AS 11.41.210;

(G) assault in the third degree under AS 11.41.220;

(H) assault in the fourth degree under AS 11.41.230;

(I) sexual assault in the first degree under AS 11.41.410;

(J) sexual assault in the second degree under AS 11.41.420;

(K) sexual assault in the third degree under AS 11.41.425;

(L) sexual assault in the fourth degree under AS 11.41.427;

(M) sexual abuse of a minor in the first degree under AS 11.41.434;

(N) sexual abuse of a minor in the second degree under AS 11.41.436;

(O) sexual abuse of a minor in the third degree under AS 11.41.438;

(P) sexual abuse of a minor in the fourth degree under AS 11.41.440;

(Q) robbery in the first degree under AS 11.41.500;

(R) robbery in the second degree under AS 11.41.510;

(S) extortion under AS 11.41.520;

(T) coercion under AS 11.41.530;

(U) distribution of child pornography under AS 11.61.125;

(V) possession of child pornography under AS 11.61.127;

(W) sex trafficking in the first degree under AS 11.66.110;

(X) sex trafficking in the second degree under AS 11.66.120;

(Y) sex trafficking in the third degree under AS 11.66.130; or

(Z) sex trafficking in the fourth degree under AS 11.66.135;

(2) evidence supporting the prosecution under (a)(1) of this section was obtained or discovered as a result of the person reporting the crime to law enforcement; and

(3) person cooperated with law enforcement personnel.

(d) Except as provided in (e) of this section, prostitution is a class B misdemeanor.

(e) Prostitution is a class C felony if

(1) the defendant violates (a) of this section as a patron of a prostitute;

(2) the prostitute is under 18 years of age; and

(3) the defendant is over 18 years of age and at least three years older than the prostitute.

Alaska Prostitution and Related Offenses | Sex Trafficking in the first degree – AK Stat 11.66.110

(a) A person commits the crime of sex trafficking in the first degree if the person

(1) induces or causes another person to engage in prostitution through the use of force;

(2) as other than a patron of a prostitute, induces or causes another person who is under 20 years of age to engage in prostitution; or

(3) induces or causes a person in that person’s legal custody to engage in prostitution.

(b) In a prosecution under (a)(2) of this section, it is not a defense that the defendant reasonably believed that the person induced or caused to engage in prostitution was 20 years of age or older.

(c) Except as provided in (d) of this section, sex trafficking in the first degree is a class A felony.

(d) A person convicted under (a)(2) of this section is guilty of an unclassified felony.

Alaska Prostitution and Related Offenses | Sex Trafficking in the second degree – AK Stat 11.66.120

(a) A person commits the crime of sex trafficking in the second degree if the person

(1) manages, supervises, controls, or owns, either alone or in association with others, a prostitution enterprise other than a place of prostitution;

(2) procures or solicits a patron for a prostitute; or

(3) offers, sells, advertises, promotes, or facilitates travel that includes commercial sexual conduct as enticement for the travel; in this paragraph, “commercial sexual conduct” means sexual conduct for which anything of value is given or received by any person.

(b) Sex trafficking in the second degree is a class B felony.

Alaska Prostitution and Related Offenses | Sex Trafficking in the third degree – AK Stat 11.66.130

(a) A person commits the crime of sex trafficking in the third degree if the person

(1) receives compensation for prostitution services rendered by another; and

(2) with the intent to promote prostitution,

(A) manages, supervises, controls, or owns, either alone or in association with others, a place of prostitution;

(B) as other than a patron of a prostitute, induces or causes another person who is 20 years of age or older to engage in prostitution;

(C) receives or agrees to receive money or other property under an agreement or understanding that the money or other property is derived from prostitution; or

(D) engages in conduct that institutes, aids, or facilitates a prostitution enterprise.

(b) [Repealed, § 72, ch 1 4SSLA 2017.]

(c) Sex trafficking in the third degree is a class C felony.

Alaska Prostitution and Related Offenses | Sex Trafficking in the second degree – AK Stat 11.66.135

(a) A person commits the crime of sex trafficking in the fourth degree if the person

(1) receives compensation for prostitution services rendered by another; and

(2) engages in conduct that institutes, aids, or facilitates prostitution under circumstances not proscribed under AS 11.66.130(a)(2)(D).

(b) [Repealed, § 72 ch 1 4SSLA 2017.]

(c) Sex trafficking in the fourth degree is a class A misdemeanor.

Alaska Prostitution and Related Offenses | Corroboration of certain testimony not required – AK Stat 11.66.140

In a prosecution under AS 11.66.110 – 11.66.135, it is not necessary that the testimony of the person whose prostitution is alleged to have been compelled or promoted be corroborated by the testimony of any other witness or by documentary or other types of evidence.

Alaska Prostitution and Related Offenses | Forfeiture – AK Stat 11.66.145

Property used to institute, aid, or facilitate, or received or derived from, a violation of AS 11.66.100(e) or 11.66.110 – 11.66.135 may be forfeited at sentencing.

Alaska Prostitution and Related Offenses | Penalties – AK Stat 12.55

The crime of prostitution is classified as either a class B misdemeanor or a class C felony depending on the circumstances. Prostitution is classified as a class C felony if:

1. The defendant violates the statute as a patron of a prostitute;
2. The prostitute is under the age18; and
3. The defendant is over 18 years old and at least 3 years older than the prostitute.

As a class C felony, a person convicted of prostitution can be sentenced to prison for up to 5 years and fined up to $50,000.

As a class B misdemeanor, a person convicted under the prostitution statute can be sentenced to up to 90 days in jail and fined up to $2,000.

Alaska Prostitution and Related Offenses | Defenses

An affirmative defense to the class C felony of prostitution is that the defendant reasonably believed the prostitute to be at least 18 years old and took reasonable measures to verify that the prostitute was in fact 18 years or older.

There is currently a bill that could make an affirmative defense available to a person charged with prostitution under the class B misdemeanor crime if he or she is the victim of sex trafficking.

Here you will find Alaskan prostitution laws and information on what’s legal (and illegal) regarding Alaskan sex workers and hiring a sex worker in Alaska.