State of Alaska, Department of Public Safety, Appellant v. John Doe I, Appellee. John Doe Ii, Appellant, v. State…

Summary

The court held that Alaska's sex-offender-registration statute requires a categorical comparison of the elements of an out-of-state offense and the comparable Alaska offense, rather than an inquiry into the specific conduct underlying the foreign conviction. Applying that approach, the court concluded that neither Washington's communication offense nor California's annoying-or-molesting offense was similar to Alaska's attempted sexual abuse offense because each was materially broader and differed in required conduct and victim age. The court affirmed the judgment for Doe I, reversed the judgment for Doe II, and remanded with instructions concerning Doe II's registry information. The concurring justices agreed with the results but disputed or reserved the categorical methodology, and one concurrence would permit limited use of court records.