Section 11.41.470 - DefinitionsFor purposes of AS 11.41.410 - 11.41.470, unless the context requires otherwise,
(1) "health care worker" includes a person who is or purports to be an acupuncturist, advanced practice registered nurse, anesthesiologist, certified direct-entry midwife, chiropractor, dentist, health aide, hypnotist, massage therapist, mental health counselor, midwife, nurse, occupational therapist, occupational therapy assistant, osteopath, naturopath, physical therapist, physical therapist assistant, physician, physician assistant, psychiatrist, psychological associate, psychologist, radiologist, religious healing practitioner, surgeon, x-ray technician, or a substantially similar position; (2) "incapacitated" means temporarily incapable of appraising the nature of one's own conduct or physically unable to express unwillingness to act; (3) "juvenile facility staff" has the meaning given in AS 11.41.425(b); (4) "legal guardian" means a person who is under a duty to exercise general supervision over a minor or other person committed to the custody of the Department of Family and Community Services under AS 47.10 or AS 47.12 as a result of a court order, statute, or regulation, and includes Department of Family and Community Services employees, foster parents, and staff members and other employees of treatment institutions, group homes, or youth facilities where the minor or other person is placed as a result of a court order or the action of the Department of Family and Community Services, and police officers, juvenile and adult probation officers, and social workers when those persons are exercising custodial control over a minor or other person; (5) "mentally incapable" means suffering from a mental disease or defect that renders the person incapable of understanding the nature or consequences of the person's conduct, including the potential for harm to that person; (6) "position of authority" means one of the following, or a person in a substantially similar position: an employer, youth leader, scout leader, coach, teacher, counselor, school administrator, religious leader, doctor, nurse, psychologist, guardian ad litem, babysitter, police officer, correctional employee, juvenile facility staff, staff member of a treatment institution, or juvenile or adult probation officer other than when the officer or staff member is exercising custodial control over a minor; (7) "sexual act" means sexual penetration or sexual contact; (8) "treatment institution" has the meaning given in AS 47.14.990; (9) "victim" means the person alleged to have been subjected to sexual assault in any degree or sexual abuse of a minor in any degree; (10) "without consent" means that, under the totality of the circumstances surrounding the offense, there was not a freely given, reversible agreement specific to the conduct at issue; in this paragraph, "freely given" means agreement to cooperate in the act was positively expressed by word or action. Amended by SLA 2022, ch. 44,sec. 6, eff. 1/1/2023.Amended by SLA 2022, ch. 66,sec. 14, eff. 11/30/2022.Amended by AK 2022 Executive Order 121,sec. 136, eff. 7/1/2022.Amended by SLA 2021, ch. 16,§§sec.5, sec.6, sec.7 eff. 7/1/2021.Amended by SLA 2016, ch. 33,sec. 25, eff. 7/1/2016.