Bourdon v. State

In Bourdon v. State, 28 P.3d 319 (Alaska App. 2001), the Court held that AS 12.30.040(b)(2) -- which denies post-conviction bail to defendants convicted of various sexual offenses listed in the statute -- should be construed to deny post-conviction bail to defendants convicted of attempts to commit these crimes. The Court reasoned that, although the statute does not expressly mention attempts, the legislative history of the statute demonstrated that the legislature was concerned about the dangerousness and the recidivism of sex offenders. The Court noted that, to be convicted of attempted sexual assault or sexual abuse of a minor, a defendant must have intended to perform the completed crime and must have engaged in a substantial step toward the completion of that crime; thus, a defendant convicted of attempt had shown themself to be equally as dangerous as an offender who completed the crime. (Bourdon, 28 P.3d at 321.)