"

End-of-Chapter Material

Crimes against morality are often viewed as conduct that occurs between consenting adults and should not be criminalized. Others argue that such crimes are not victimless at all, but instead, crimes that prey on unsuspecting victims. These crimes include prostitution.

Although some argue that prostitution should not be a crime, and at least one state (Nevada) has legalized prostitution, Alaska has rejected this view. Alaska treats both sex trafficking and human trafficking as forms of modern-day slavery. Although prostitution is a crime, the legislative history suggests that the legislature views those who practice prostitution are victims of sex trafficking. Prostitution is offering, agreeing, or engaging in sexual conduct for something of value (normally money). Prostitution is a misdemeanor with sentencing enhancements for habitual offenders or patronizing a juvenile prostitute.

Unlike prostitution, sex trafficking focuses on larger commercial sexual activity. Sex trafficking is graded into various degrees, with first-degree sex trafficking being the most serious. First-degree sex trafficking prohibits forcing another person to engage in prostitution through violence or the threat of violence. The code also prohibits prostitution enterprises or maintaining a place of prostitution. Human trafficking is similar to sex trafficking but encompasses a larger course of conduct, including sexual conduct, adult entertainment, or forced labor.

Alaska’s gambling laws are intended to criminalize established gambling enterprises and not private social games. A person accused of illegal gambling may assert the affirmative defense of hosting a social game. A social game is one where there is no house advantage, house odds, or house income. Gambling enterprises may be prosecuted for promoting gambling, which is a felony. Both gambling proceeds and devices are subject to forfeiture upon conviction. Alaska’s gambling statutes exclude charitable gaming, which permits certain charities to host bingo games and raffles for remuneration.

License

Icon for the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License

Alaska Criminal Law - 2022 Edition Copyright © 2021 by Robert Henderson is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License, except where otherwise noted.