Should courts apply the categorical approach to determine if a prior conviction qualifies as a sex offense under the SORNA residual clause in 34 U.S.C. § 20911(7)(1)?

QUESTION PRESENTED It is a federal offense for a person who is required to register as a sex offender under the Sex Offender Registration and Notification Act to knowingly fail to register or update his registration after interstate travel. SORNA’s federal registration requirement applies to individuals who have been convicted of a “sex offense.” Sex offense, in turn, is defined in part in the SORNA residual clause as “an offense against a minor that involves ... [a]Jny conduct that by its nature is a sex offense against a minor.” This case presents the issue of whether a person who was convicted of an offense that did not have an element of sexual activity is required to register under the residual clause if the underlying allegations involved sexual conduct with a minor. The question presented is: Should courts apply the categorical approach to determine if a prior conviction qualifies as a sex offense under the SORNA residual clause in 34 U.S.C. § 20911(7)(1)? i