AK HB5

Redefines sexual assault crimes in the first, second, and third degrees by adding new circumstances involving non-consensual sexual penetration and contact without force or threats.

Establishes a legal definition of "consent" as a freely given, reversible agreement specific to the conduct at issue, requiring positive expression by word or action.

Clarifies that lack of consent exists when expressed through words or conduct, absence of resistance does not establish consent, and consent may be revoked or withdrawn at any time.

Specifies that a person incapacitated as a result of the defendant's actions cannot consent and adds new sexual assault provisions under AS 11.41.420 and AS 11.41.425.

Requires law enforcement agencies to send sexual assault examination kits to accredited laboratories within 30 days and ensures testing occurs within six months, with victim notification within two weeks of test completion; takes effect July 1, 2023.