Duke Law School

Program in Public Law

Smith v. Doe

Convicted sex offenders brought ยง 1983 action challenging the constitutional validity of the Alaska Sex Offender Registration Act. The district court granted summary judgment to the state. The court of appeals reversed, holding (1) the intent of the statute was not punitive, but (2) the effect of the statute was punitive and therefore violates the ex post facto clause.

Question Presented:
Does Alaska's Sex Offender Registration Act, on its face or as implemented, impose punishment for the purposes of the Constitution's ex post facto clause, as applied to sex offenders whose crimes were committed before the statute's enactment?

Decision under Review

Supreme Court Opinion