Doe v State of Alaska

7-25-2008 Alaska:

Doe v State of Alaska
(189 P.3d 999 (2008))

This is 5 years after the U.S. Supreme court Alaska case of Smith v Doe. Given the state supreme court now feels ASORA is unconstitutional is proof that registration is now further punishment, given it is coupled with many other newer laws affecting registrants.

The Alaska statute known as the Alaska Sex Offender Registration Act (ASORA) requires persons convicted of sex offenses to register and periodically re-register with the Alaska Department of Corrections, the Alaska State Troopers, or local police, and disclose detailed personal information, some of which is not otherwise public. Most of the disclosed information is publicly disseminated and is published by the state on the internet.1

Does applying ASORA to "John Doe," who committed his crime and was convicted and sentenced before ASORA was enacted, violate the ex post facto clause of the Alaska Constitution? We conclude that it does because ASORA imposes burdens that have the effect of adding punishment beyond what could be imposed when the crime was committed.

We therefore hold that ASORA's registration requirement does not apply to persons who committed their crimes before ASORA became effective, and reverse the superior court order granting final judgment in favor of the state and against Doe.

Article: Offender won't have to register

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