Dep’t Public Safety v. Does (Alaska 2018)

Dep’t Public Safety v. Does, 425 P.3d 115 (Alaska 2018)

Nature of Case: Plaintiffs were required by Alaska DPS to register as sex offenders due to historical out-of-state convictions and sought review in State court. Alaska statute provided for registration for someone convicted under a law that was similar to an Alsakan offense. One plaintiff was held to be required to register, the other was not. Does and DPS appealed, and appeals were consolidated.

Holding:  Alaska Supreme Court held that neither plaintiff was required to register in Alaska. Court employed strict categorical analysis of elements of the offenses in question with Alaskan law and determined that elements were not similar.