Whether the constitutional due process requirements that apply to a federal agency or federal court comparing the elements of state and federal offenses are equally applicable to a state agency or court comparing the elements of state and federal offenses for purposes of sex offender registration, the proper approach for comparing age elements under SORNA tier classification, and whether sex offender registration is remedial or punitive

QUESTION PRESENTED In 2006, Congress passed the Sex Offender Registry and Notification Act (SORNA) to make the federal and state systems more uniform and effective. SORNA addresses uniformity in evaluation of convictions between jurisdictions by requiring tier classification based on a comparison the elements of the offenses of the respective jurisdictions. The approach used to compare the elements is a function of due process. The questions presented are: 1. Are the constitutional due process requirements that apply to a federal agency or federal court comparing the elements of state and federal offenses equally applicable to a state agency or court comparing the elements of state and federal offenses for purposes of sex offender registration, or does “due process of law” mean one thing under the Fifth Amendment but another under the Fourteenth? 2. When the age element of a federal sex offense is broader than the age element of a state offense and the age of the victim is unknown, can a state deem the age element not applicable under the categorical approach and declare the state offense comparable without violating due process rights? 3. When comparing age elements for purposes of SORNA tier classification, which approach is proper: the categorical approach, the modified categorical approach, or the approach?