John Doe v. Alaska, Department of Public SafetyAnnotate this Case
In 2000 John Doe was convicted of aggravated sexual battery in Virginia. He was sentenced to five years imprisonment, with all time suspended, and a five-year term of probation. Under Virginia law Doe was required to register as a sex offender. Doe moved to Alaska in January 2003. On January 6, 2003, he registered as a sex offender. On April 11, 2003, the Department of Public Safety (DPS) wrote Doe indicating that he had to register annually in January of each year. He did so in 2004 and 2005. On February 4, 2005, DPS wrote Doe stating that he was required to register quarterly, for life. DPS noted that Doe’s Virginia conviction “has essentially the same elements as sexual assault [first] degree (AS 11.41.410), which is an aggravated offense that requires quarterly verification of your sex offender registration information.” This appeal presented two questions concerning the Alaska Sexual Offender Registration Act (ASORA): (1) whether ASORA’s registration requirements could be imposed on sex offenders who moved to Alaska after committing sex offenses elsewhere; and (2) whether ASORA violated due process by requiring all sex offenders to register without providing a procedure for them to establish that they do not represent a threat to the public. The Alaska Supreme Court concluded ASORA’s registration requirements could constitutionally be applied to out-of-state offenders. The Court also concluded ASORA violated due process, but its defect could be cured by providing a procedure for offenders to establish their non-dangerousness.