Sweeping Changes to Alaska’s Criminal Laws

Part 1 of the series School Law Pipeline – AK Style

Clinton M. Campion, Clendaniel Heyman Campion LLC

For the last fifty years, the 800 mile Trans-Alaska Pipeline System has been vital to Alaska’s economy and to education funding. Fundamentally, the pipeline delivers energy. We plan to do the same this year by highlighting and analyzing the “pipeline” of school laws, regulations, policies, and court decisions that impact Alaska’s schools. 

Alaska’s schools are impacted by changes in the law coming from the Alaska Legislature, the Department of Education and Early Development (DEED), the Alaska Court System, federal court decisions, and other administrative agencies.

For our first commentary of the 2026-27 school year, we will highlight the changes to Alaska’s age of consent and will analyze the potential impacts on Alaska’s schools. 

Before July 1, 2026, it was generally lawful in Alaska for an adult to engage in sexual acts with a 16 or 17 year old (unless the sexual acts were nonconsensual or the adult was in a position of authority). 

House Bill 239 passed 20-0 in the Senate and 39-1 in the House in May 2026 and became law on July 1, 2026. This bill includes several sweeping changes to Alaska’s criminal laws. Many of those changes could have significant impacts on Alaska’s schools. The most important change raises the age of consent in Alaska from 16 to 18 years old. 

As of July 1, 2026, it is a crime for an adult to engage in consensual sexual acts with a 16 or 17 year old if the adult is at least six years older than the minor. If the adult (18 years of age or older) is in a position of authority with someone who is under the age of 18 and at least two years younger than the adult, it would be a crime for that adult to engage in sexual acts with the younger person.

House Bill 239 changes other criminal statutes based on the victim’s age including murder, assault, stalking, and indecent exposure. It also changes the age of consent for civil liability for victims of sexual abuse. 

The change in the age of consent from 16 to 18 could impact Alaska’s schools. For example, prior to the change in the age of consent, a school employee who is 18 years or older (perhaps a teacher’s aide, or a substitute teacher, or a coach) would not commit a crime if that employee engages in consensual sexual acts with a 16 year old high school student. As of July 1, 2026, that employee would be committing a felony sex offense for the same conduct. This would not apply to a student unless there is a six year age gap.

If another school employee becomes aware of a potential sexual relationship involving a school employee and a student such as the ones described above will be obligated to report the relationship to law enforcement as a suspected sex offense pursuant to Alaska’s Mandatory Reporting Statute, AS 47.17.020. This mandatory report will likely lead to a criminal investigation by law enforcement and could lead to a felony criminal prosecution that could require students and school employees to be interviewed and to testify in court. A successful criminal prosecution of that employee could lead to a significant prison sentence and an obligation to register as a sex offender.

Additionally, if the employee and student described above engages in consensual sexual acts on school grounds, it would be considered a violent crime that must be reported to the parents or guardians of the 16 year old student and those parents or guardians would have the right to have that student transferred to another school in the school district. 4 AAC 06.230(a). The school district is also required to report such incidents to DEED as a crime of violence. 4 AAC 06.250.

It is unclear how Alaska’s law enforcement agencies, including the Department of Law, will enforce the change in the age of consent. Regardless of how individual cases are handled by law enforcement, Alaska’s schools must consider the impact of the change in the law on their policies and procedures.

Practice Pointers

In addition to providing updates on the law, we provide “practice pointers” for school boards and administrators to consider. Based on the changes in Alaska’s criminal laws resulting from House Bill 239, school districts should consider taking the following steps: 

1. Review and update policies and procedures regarding mandatory reporting, notifications to parents and DEED, and student discipline to ensure they comply with the recent change in the law.

2. Ensure student handbooks and especially student codes of conduct reflect the changes in the law.

3. Ensure that staff mandatory reporting training is updated based on the changes in the age of consent.