Alaska Statutes

Alaska Stat. § 11.56.840 (2026)

Failure to register as a sex offender or child kidnapper in the second degree

✓ current as of July 2026

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Sec. 11.56.840. Failure to register as a sex offender or child kidnapper in the second degree.
(a) A person commits the crime of failure to register as a sex offender or child kidnapper in the second degree if the person
     (1) is required to register under AS 12.63.010;

     (2) knows that the person is required to register under AS 12.63.010; and

     (3) fails to
          (A) register;

          (B) file written notice of
                (i) change of residence;

                (ii) change of mailing address;

                (iii) establishment of an electronic or messaging address or any change to an electronic or messaging address;

                (iv) establishment of an Internet communication identifier or any change to an Internet communication identifier; or

                (v) change of name;

          (C) file the annual or quarterly written verification; or

          (D) supply accurate and complete information required to be submitted under this paragraph.

(b) In a prosecution for failure to register as a sex offender or child kidnapper in the second degree under (a) of this section, it is an affirmative defense that
     (1) unforeseeable circumstances, outside the control of the person, prevented the person from registering under (a)(3)(A) of this section or filing or supplying the written notices, verification, and other information required under (a)(3)(B) — (D) of this section; and

     (2) the person contacted the Department of Public Safety orally and in writing immediately upon being able to perform the requirements described in this section.

(c) Failure to register as a sex offender or child kidnapper in the second degree is a class A misdemeanor.

Notes of Decisions

Cited in 28 cases (5 in the last 5 years), 1994–2026 · leading case: Dailey v. State, 65 P.3d 891 (Alaska Ct. App. 2003).

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Dailey v. State, 65 P.3d 891 (Alaska Ct. App. 2003). · cites it 12× “Before trial, Dailey moved to dismiss the charges on the ground that his refusals to swear to the contents of each quarterly verification report he filed did not' constitute criminal offenses under AS 11.56.840. Dailey also argued that the statute was unconstitutionally vague.”

Nunley v. State, 26 P.3d 1113 (Alaska Ct. App. 2001). · cites it 17× “We also conclude that the legislature intended to criminalize the failure to register under ASORA when, as part of the ASORA legislation, it passed former AS 11.56.840. [7] And, as mentioned above, the only sex offenders excepted from ASORA's registration requirements were those…”

Doe v. State, Dep't of Pub. Saf., 92 P.3d 398 (Alaska 2004). · cites it 4× “[17] See AS 11.56.840 (defining failure to register under ASORA as class A misdemeanor).”

Doe v. State, 189 P.3d 999 (Alaska 2008). · cites it 2× “010; AS 11.56.840 (defining failure to register which includes failure to file change of address, failure to re-register annually or quarterly, and failure to supply all required information as class A misdemeanor, punishable by up to one year in jail and up to $10,000…”

United States v. Kebodeaux, 570 U.S. 387 (2013). · cites it 2× “Code §§13A–11–200 to 13A– 11–202, 13A–11–1181 (2006); Alaska Stat. §§11.56.840 , 12.63.010 to 12.”

Kennedy v. Louisiana, 554 U.S. 407 (2008). “Code §§ 13A-11-200 to 13A-11-202, 13A-11-1181 (2006); Alaska Stat. §§ 11.56.840 , 12.63.010 to 12.”

People v. Carmony, 2005 Cal. Daily Op. Serv. 2601 (Cal. Ct. App. 2005). “[14] Alaska Stat. § 11.56.840 (b), 11.56.835(a) and (d); D.”

Marshall v. State, 436 P.3d 1065 (Alaska Ct. App. 2018). · cites it 4× “There is no indication from the record that Marshall's defense attorney was prevented from meaningfully arguing Marshall's defense to the jury; nor is there any indication that the jury was confused about what "knowingly" failing to register meant.”

State v. Hawkins, 39 P.3d 1126 (Alaska Ct. App. 2002). · cites it 12× “On January 28, 1998, Hawkins was charged under former AS 11.56.840 with failure to register as a sex offender.”

State v. Otness, 986 P.2d 890 (Alaska Ct. App. 1999). · cites it 2× “Since I have substantial questions whether the legislature intended to require the appellees to register, I would hold that the law, as it is currently written, does not require them to do so.”

Rowe v. Burton, 884 F. Supp. 1372 (D. Alaska 1994). “AS 11.56.840 as enacted by § 2 ch. 41 SLA 1994.”

Patterson v. State, 985 P.2d 1007 (Alaska Ct. App. 1999). “Former AS 11.56.840 provides: A person who knowingly fails to (1) register, (2) file the written notice of change of address, or (3) file tire annual written notice or statement, as required in AS 12.”

Show all 28 citing cases →

— Alaska Stat. § 11.56.840(a) — 7 cases

Dailey v. State, 65 P.3d 891 (Alaska Ct. App. 2003). “Before trial, Dailey moved to dismiss the charges on the ground that his refusals to swear to the contents of each quarterly verification report he filed did not' constitute criminal offenses under AS 11.56.840. Dailey also argued that the statute was unconstitutionally vague.”

State v. Dist. Court, 53 P.3d 629 (Alaska Ct. App. 2002).

State v. Martin, 17 P.3d 72 (Alaska Ct. App. 2001).

Ambrose v. State, 221 P.3d 364 (Alaska Ct. App. 2009).

Patterson v. State, 323 P.3d 65 (Alaska Ct. App. 2014).

— Alaska Stat. § 11.56.840(a)(1) — 3 cases

State v. Hawkins, 39 P.3d 1126 (Alaska Ct. App. 2002). “On January 28, 1998, Hawkins was charged under former AS 11.56.840 with failure to register as a sex offender.”

Keith Roscoe Bartman v. State of Alaska, 563 P.3d 121 (Alaska Ct. App. 2025).

James R. Phillips v. State of Alaska (Alaska Ct. App. 2025).

— Alaska Stat. § 11.56.840(a)(2) — 1 case

Charles v. State, 287 P.3d 779 (Alaska Ct. App. 2012).

— Alaska Stat. § 11.56.840(a)(3) — 1 case

Dailey v. State, 65 P.3d 891 (Alaska Ct. App. 2003). “Before trial, Dailey moved to dismiss the charges on the ground that his refusals to swear to the contents of each quarterly verification report he filed did not' constitute criminal offenses under AS 11.56.840. Dailey also argued that the statute was unconstitutionally vague.”

— Alaska Stat. § 11.56.840(a)(3)(A) — 1 case

Patterson v. State, 323 P.3d 65 (Alaska Ct. App. 2014).

— Alaska Stat. § 11.56.840(a)(3)(B) — 1 case

Patterson v. State, 323 P.3d 65 (Alaska Ct. App. 2014).

— Alaska Stat. § 11.56.840(a)(3)(B)(i) — 4 cases

Gareth Northway v. Denali Nanook Legal Servs. & Jeff Thompson; Gareth Northway v. State of Alaska; Gareth Northway v. State of Alaska (D. Alaska 2026).

Northway (D. Alaska 2026).

Northway (D. Alaska 2026).

Shayen v. State, 373 P.3d 532 (Alaska Ct. App. 2015).

— Alaska Stat. § 11.56.840(a)(3)(C) — 1 case

Patterson v. State, 323 P.3d 65 (Alaska Ct. App. 2014).

— Alaska Stat. § 11.56.840(a)(4) — 1 case

Dailey v. State, 65 P.3d 891 (Alaska Ct. App. 2003). “Before trial, Dailey moved to dismiss the charges on the ground that his refusals to swear to the contents of each quarterly verification report he filed did not' constitute criminal offenses under AS 11.56.840. Dailey also argued that the statute was unconstitutionally vague.”

— Alaska Stat. § 11.56.840(b) — 1 case

Marshall v. State, 436 P.3d 1065 (Alaska Ct. App. 2018). “There is no indication from the record that Marshall's defense attorney was prevented from meaningfully arguing Marshall's defense to the jury; nor is there any indication that the jury was confused about what "knowingly" failing to register meant.”

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