Alaska Dep’t Pub. Safety v Does, 425 P.3d 115 (Ak. 2018)
Nature of Case: Doe I and II were individuals with out-of-state convictions for sex offenses and were required to register in Alaska by state authorities. Both plaintiffs appealed to superior court for review, which gave different results and appeals of various parties were consolidated on the question of which out of state offenses required registration in Alaska.
Holding: Alaska Supreme Court held that state statute that required registration for sex offenses in state and “similar law of another jurisdiction” requires similarity between the laws and not the facts underlying the conviction. In other words, the Court adopted a categorical approach comparing the elements of the out of state offense as opposed to examining the facts of the case. Court then held that neither Doe was required to register in Alaska given their original convictions.