Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501, phone (907) 264-0608, fax (907) 264-0878, email corrections@akcourts.us. THE SUPREME COURT OF THE STATE OF ALASKA STATE OF ALASKA, ) DEPARTMENT OF PUBLIC SAFETY, ) Supreme Court Nos. S-15821/16403 ) (Consolidated) Appellant, ) ) Superior Court No. 3AN-14-08325 CI v. ) ) OPINION JOHN DOE I, ) ) No. 7270 – August 10, 2018 Appellee. ) ) ) JOHN DOE II, ) ) Superior Court No. 3AN-15-04577 CI Appellant, ) ) v. ) ) STATE OF ALASKA, ) DEPARTMENT OF PUBLIC SAFETY ) ) Appellee. ) ) Appeal in File No. S-15821 from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Catherine M. Easter, Judge. Appeal in File No. S-16403 from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Erin B. Marston, Judge. Appearances in File No. S-15821: John J. Novak, Assistant Attorney General, Criminal Division Central Office, Anchorage, and Craig W. Richards, Attorney General, Juneau, for Appellant State of Alaska, Department of Public Safety. John Doe I, pro se, Pacific, Washington, Appellee. Appearances in File No. S-16403: Darryl L. Thompson, Darryl L. Thompson, P.C., Anchorage, for Appellant John Doe II. John J. Novak, Assistant Attorney General, Criminal Division Central Office, Anchorage, and Jahna Lindemuth, Attorney General, Juneau, for Appellee State of Alaska, Department of Public Safety. File No. S-15821 before: Stowers, Chief Justice, Fabe, Maassen, and Bolger, Justices. [Winfree, Justice, not participating] File No. S-16403 before: Stowers, Chief Justice, Maassen, Bolger, and Carney, Justices, and Matthews, Senior Justice.* [Winfree, Justice, not participating] PER CURIAM. STOWERS, Chief Justice, concurring. FABE, Justice, concurring in File No. S-15821. MATTHEWS, Senior Justice, concurring in File No. S-16403. I. INTRODUCTION John Doe I and John Doe II are two separate individuals being required by the Department of Public Safety (DPS) to register as sex offenders in Alaska based on their out-of-state convictions. DPS argues that Doe I’s Washington convictions and Doe II’s California conviction are “similar” to the Alaska offense of attempted sexual abuse of a minor under AS 11.31.100 and AS 11.41.436(a)(2), making both Doe I and * Sitting by assignment made under article IV, section 11 of the Alaska Constitution and Alaska Administrative Rule 23(a). -2- 7270 Doe II subject to Alaska’s sex offender registration requirement. One superior court judge determined that Doe I is not required to register; another superior court judge determined that Doe II is required to register. The cases have been consolidated on appeal. We conclude that neither the Washington nor the California laws under which Doe I and Doe II were convicted are similar to the relevant Alaska law and therefore hold that neither Doe I nor Doe II is required to register under Alaska law. II. FACTS AND PROCEEDINGS A. DPS v. Doe I, S-15821 In June 2011, at the age of 51, ...
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