(a) A person commits the crime of misconduct involving confidential information in the first degree if the person
(1) violates AS 11.76.115 and obtains the confidential information with the intent to
- (A) use the confidential information to commit a crime; or
- (B) obtain a benefit to which the person is not entitled, to injure another person, or to deprive another person of a benefit; or
- (2) publishes or distributes an audio or video recording of an interview of a child for a criminal or child protection investigation, or records of a medical examination of a victim or minor conducted for the purpose of the investigation of an offense under AS 11.41.410 — 11.41.440, 11.41.450, or a child protection investigation, including photographs taken during the examination.
- (b) Conviction under this section does not limit a person's ability to obtain civil relief from another person.
(c) The provisions of (a)(2) of this section do not apply to
(1) a person who publishes or distributes a recording, record, or image as permitted or directed under
- (A) a court order;
- (B) a rule of court; or
- (C) a federal or state law requiring the publication or distribution;
- (2) the use of a recording, record, or image for training by law enforcement officials, prosecutors, or defense counsel, if the identity of the minor or victim is concealed; or
(3) a recording, record, or image that is released with the consent of
- (A) an adult victim or a minor victim for whom the disabilities of minority have been removed for general purposes under AS 09.55.590; or
- (B) a minor's parent or guardian unless the parent or guardian is the perpetrator of the abuse or offense about which the recording, record, or image was gathered.
- (d) Misconduct involving confidential information in the first degree is a class A misdemeanor.