Existing statutes acknowledge that children should not be allowed to enter or remain where drugs are stored (11.51.110) or sold (11.51.130). However, current law does not prohibit the manufacture or use of drugs in the presence of children. Children learn by example. I believe the destructive behavior modeled by drug use in the presence of a child is as damaging as that of being in the same room, dwelling or vehicle in which drugs are stored or sold. HB 180 corrects this situation.

New language in House Bill 180 expands the sphere of space in which the co-presence of children and drugs is forbidden. By using the phrase, "in the immediate physical presence of" children are protected in outdoor situations like a yard, campsite or park bench. Stiffer penalty provisions send the clear message that children and drugs don't mix.

To promote uniformity of application the new provision employs "use, manufacture, delivery and display", terms used in existing controlled substance statutes.

Sectional Analysis

House Bill 180 adds new language to 11.51.100. Section 100 is amended to recognize the damaging effects to children of being exposed to the drug culture. The new section 100 makes it a criminal act to allow a child under the age of 16 to enter or remain in a dwelling or vehicle where drugs are used, made or displayed. Additionally, Section 100 prohibits allowing a child to enter or remain in the immediate physical presence of the use, manufacture or display of drugs. In order to be prosecuted under these new provisions it must be shown that the adult legally charged with the care of the child knew that the use, sale, manufacture or display of illegal drugs was occurring. Upon the proof of knowing conduct, a person found in violation of Section 100 would be guilty of a class "C" felony.

House Bill 180 further adds new language to 11.51.300. Section 300 is amended to acknowledge the damaging example set by adults who use, manufacture or deliver controlled substances. The new language sanctions an adult who aids, induces, causes or encourages a child under the age of 18 to enter or remain in the immediate physical presence of the use, manufacture or delivery of a controlled. In order to be prosecuted under this subsection, it must be shown that the accused acted with "reckless disregard" for whether or not the drug related activity was occurring. Additionally, the new language makes it unlawful for a person to aid, induce, cause or encourage someone under 18 years old to be in the immediate physical presence of the possession of a controlled substance, knowing that the possession was occurring. A person convicted under this section would be guilty of a class "A" misdemeanor.

House Bill 180 removes redundant language from the existing statutes under 11.51.130.

AS 11.51.100: Endangering the welfare of a child in the first degree Currently does not recognize any drug related endangerment. Section applies to children under age 16.

New provisions provide penalty for allowing a child to enter or remain where drugs are used manufactured or displayed (direct actions).

Penalty provisions under 11.51.100 are "C" felonies unless a child is actually injured.

AS 11.51.110: Endangering the welfare of a child in the second degree

Currently, for children under 10 years of age, it recognizes that children should not be allowed to enter or remain in a dwelling or vehicle where drugs are stored.

New provision deletes this section's reference to controlled substances

Penalty provision under 11.51.110 is a violation (Max $300)

AS 11.51.130: Contributing to the delinquency of a minor

Currently provides penalty for an adult who aides, induces, causes or encourages a minor to enter or remain in the same room in a building where the sale of a controlled substance occurs.

New provisions provide penalty for an adult who aides, induces, causes or encourages a minor to enter or remain in the immediate physical presence of the unlawful possession (situation) of a controlled substance, knowing that the possession is occurring.

New provisions provide penalty for an adult who aides, induces, causes or encourages a minor to enter or remain in the immediate physical presence of the unlawful manufacture, use, delivery or sale (direct actions) of a controlled substance, with reckless disregard that the unlawful conduct was occurring.

Violation is a class "A" misdemeanor.

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