Sec. 11.76.113. Misconduct involving confidential information in the first degree.

AK Stat § 11.76.113 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(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.