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Patterson v. State

Court of Appeals of Alaska

April 11, 2014

KEVIN S. PATTERSON, Appellant,
v.
STATE OF ALASKA, Appellee

Appeal from the District Court, Third Judicial District Kenai, Sharon Illsley, Judge. Trial Court No. 3KN-09-1183 CR.

Doug Miller, The Law Office of Douglas S. Miller, Anchorage, for the Appellant.

Marika Athens, Assistant Attorney General, (briefing) and Adam Alexander, Assistant Attorney General, (oral argument), Office of Special Prosecutions and Appeals, Anchorage, and Michael C. Geraghty, Attorney General, Juneau, for the Appellee.

Before: Mannheimer, Chief Judge, Allard, Judge, and Hanley, District Court Judge.[*]

OPINION

ALLARD, Judge.

Kevin S. Patterson is required to register as a sex offender for life and to file quarterly written verifications with the Department of Public Safety. After he failed to disclose all the email addresses he used in his April 2009 quarterly verification, he was convicted of second-degree failure to register as a sex offender for " knowingly fail[ing] to supply accurate and complete information" in his quarterly verification.[1]

Patterson appeals his conviction, arguing that he was not required to disclose all of his email addresses because the legal requirement to do so did not arise until after he had filed his initial registration. Patterson asserts

Page 66

that he complied with his statutory duty to disclose the email addresses that he had " established" or " changed" since his last quarterly verification and that he was under no statutory obligation to disclose the email address he created in 2006, prior to the enactment of the email disclosure requirements.

For the reasons discussed below, we reject Patterson's interpretation of the sex offender registration statute and affirm Patterson's conviction.

Facts and proceedings

Patterson was convicted in Minnesota of felony possession of child pornography and child endangerment. Since 2007, he has been required under an interstate compact to register as a sex offender in Alaska. Because Patterson has been convicted of two or more sex offenses, his duty to register continues for life, and he must file quarterly verifications with the Department of Public Safety.[2] Since January 1, 2009, this duty to file quarterly verifications has included the duty to disclose email addresses.[3]

On April 14, 2009, Patterson's probation officer reported to the Alaska State Troopers that she suspected Patterson was using his computer in a manner that violated the conditions of his probation. In the course of the troopers' investigation, they learned that Patterson had email addresses he had not disclosed in his January 30, 2009 and April 29, 2009 quarterly verifications. In those verifications, Patterson had disclosed only his school email address, which his probation officer had given him permission to use. Patterson was consequently charged under AS 11.56.840 with one count of second-degree failure to register as a sex offender for failing to disclose all of his email addresses.[4]

Patterson moved to suppress the evidence and to dismiss the charge, arguing that AS 11.56.840 did not require him to report all of his email addresses in each written verification, only the email addresses he had recently " established" or " changed." Patterson asserted that he had established the email addresses he was charged with failing to disclose before the email disclosure requirement went into effect. Patterson additionally argued that, to the extent the statute did require him to disclose all of his email ...


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