State v. Otness

I concur in the decision reached by Judge Stewart, and I write separately to clarify my view of the issues involved in this case.

Although the parties’ briefs and Judge Stewart’s opinion discuss the doctrine of “strict construction” (the doctrine that ambiguous penal statutes shall be construed *893against the government), this case does not involve that doctrine — because there is no ambiguity in the statutes and regulations at issue in this case.

AS 12.63.010(a) states that “[a] sex offender ... who is physically present in [this] state shall register as provided in this section.” AS 12.63.100(4)…