Appealing Pennsylvania’s New Megan’s Law

On December 20, 2012, Pennsylvania will begin enforcing its new changes to Megan's Law. By now, many people have realized that they or their friends will be negatively impacted by these laws. For most, it's probably hard to grasp how such laws could be legal. Undoubtedly, many appeals will be filed to challenge these laws. In some states such as Ohio, many of the retroactive provisions have been found to be unconstitutional upon being appealed, and have been reversed. In other states, the high courts have upheld the new laws. The purpose of this article is to educate you all about why these new laws may or may not ultimately be determined to be illegal.

The United States Constitution, as well as the Pennsylvania Constitution, contain clauses that prevent legal consequences from being changed retroactively. Section 17 of the Pennsylvania Constitution reads:

"No ex post facto law, nor any law impairing the obligation of contracts, or making irrevocable any grant of special privileges or immunities, shall be passed."

For example, one cannot be arrested today based upon a new law if the actions of that individual were legal during the time the actions were taken. Additionally, if an individual were sentenced to the maximum term of 10 years of imprisonment for a crime in 1999, and in 2002 the maximum sentence for that crime changed to 20 years, the sentence of that individual cannot be changed retroactively to conform to the new law.

However, in order for a retroactive law to violate the ex post facto clause, the legal consequence that is changed retroactively must be "punitive" (i.e., considered to be punishment), as opposed to civil, remedial, or a collateral consequence.  Some examples of collateral consequences include loss of the right to vote, enlist in the armed services, or own a firearm. Although it may be hard to imagine, some high courts have ruled that sex offender registration requirements are not punitive, but are instead collateral consequences.

However, in State v. Williams,129 Ohio St.3d 344, 2011-Ohio-3374, the Ohio Supreme Court concluded that the requirements of Ohio's new sex offender laws based upon the Adam Walsh Act had transformed the law from remedial to punitive. Their decision was not based upon a single requirement, but instead was based upon the totality of the requirements. The Court cited the various new requirements, and also stated two other factors that influenced their decision: 1)  the procedures for registration and classification of sex offenders were placed within Ohio's criminal code, and 2) failure to comply with certain registration requirements subjected an offender to criminal prosecution.

Some notable comments in this analysis include:

"The stigma attached to sex offenders is significant, and the potential exists for ostracism and harassment, as the Cook court recognized. Therefore, I do not believe that we can continue to label these proceedings as civil in nature. These restraints on liberty are the consequences of specific criminal convictions and should be recognized as part of the punishment that is imposed as a result of the offender's actions.’

"When we consider all the changes enacted by S.B. 10 in aggregate, we conclude that imposing the current registration requirements on a sex offender whose crime was committed prior to the enactment of S.B. 10 is punitive. Accordingly, we conclude that S.B. 10, as applied to defendants who committed sex offenses prior to its enactment, violates Section 28, Article II of the Ohio Constitution, which prohibits the General Assembly from passing retroactive laws."

A video of the oral argument that was administered prior to the decision is below.

In a recent Pennsylvania Supreme Court case (Commonwealth v. Abraham 2012), the court analyzed whether the appellant's losing his pension unknowingly as a result of a plea bargain was a collateral consequence. Although this case is not directly related to the issue at hand, the court discussed an analysis to determine whether a provision is punitive, or civil.

  • The first inquiry is whether the legislature's intent in enacting the provision at issue was punitive. If the intent is found to be non-punitive and therefore civil,
  • the second inquiry is whether, despite this intent, “the statute is ‘so punitive either in purpose or effect as to negate [the] intention to deem it civil.

"In applying the second prong, courts “ordinarily defer to the legislature's stated intent,” and “only the clearest proof will suffice to override legislative intent and transform what has been denominated a civil remedy into a criminal penalty."

Ultimately the court ruled that the appellant's loss of pension was a collateral consequence. Based upon the rationale used by this court, if the PA's new sex offender laws are going to be challenged, the appellant should have "the clearest of proof" that he or she has been subject to punitive consequences as a result of the new laws.

Some of the consequences are listed below, but the Court should also realize that if it deems these new laws constitutional, additional consequences / conditions are sure to follow. The court should also consider, as did the Ohio Supreme Court, that it perhaps did not fully envision the negative effects of Megan's Law during the passage of the original law. In essence, the conditions imposed by Megan's Laws are tantamount to sentences of supervision that have historically been considered to be punishment.

There are basically two "Tiers" of offenders: 1) those that were already required to register, but whose conditions will be changed, and 2) those that were not required to register, and now must.

Please share your stories of how you have been affected by Megan's Law, or how you envision the new laws will negatively affect you.

  1. Required to register under Megan's Law even though one's plea agreement precluded such a condition
  2. Reclassification into higher tiers without causal reason (offense-based, not risk-based)
  3. Reclassification into higher tiers due to convictions for multiple lower-tiered "sexually violent offenses" that resulted from the same act
  4. Extensions of registration periods
  5. Increased reporting frequencies
  6. More-detailed personal information requirements on the website
  7. Prison sentences if in violation
  8. Inclusion of juvenile offenders on Megan's Law website
  9. Loss of employment, or prevention of employment
  10. Loss of ability to live with your children
  11. Residency restrictions
  12. Forced to move
  13. Homelessness
  14. GPS monitoring
  15. Travel restrictions
  16. Loss of the right to use the internet and/or social media
  17. Banned from parks
  18. Ostracism by communities and friends
  19. Depression, loss of will, and suicide
  20. Harassment of offenders, and/or harassment of offenders' children

Please note that our firm does not handle registration issues, but strives to provide the public with a clear understanding of the laws. If you will be negatively affected by these new laws, we suggest that you contact the Pennsylvania chapter of RSOL (reform sex offender laws) to join the fight, and/or contact the Pennsylvania ACLU to learn about any current appeals that may be planned.  Additionally, the Law Offices of David S. Shrager in Pittsburgh, PA have been successful in precluding Megan's Law registration in some cases. If you are currently being investigated for child sexual abuse, please visit our main website immediately.

Disclaimer: The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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243 Responses to Appealing Pennsylvania’s New Megan’s Law

  1. J Het says:

    As I have stated on other posts on this site, I am currently fighting (with my lawyer) as to whether or not I should be required to register.  I plead no contest to one Misdemeanor 1 count of 6301(a.)(1.) – (it didn't state i. or ii. anywhere at any time.  Nor did it mention *sexual in nature*.  However, since it was a M1, one should assume that it was i.) in early December of 2011.  I received 5 years of probation.  On 12-14-12, I received a letter in the mail saying that I needed to contact Probation to try to get my preference of dates (either 12-20 or 12-21) – Thanks for the notice !  This was LITERALLY the first that I had heard of this new requirement.  I immediately contacted my lawyer who stated (as I've read time and time again on this site) that only the Felony version of this is applicable.  I contacted my PO the next day and he stated that it was more in regards to what the police report actually stated (whether or not it was sexual in nature) and that the degree (misdemeanor or felony) had nothing to do with it.  I then contacted my lawyer and we're in the process of trying to get in front of a judge for a ruling.  How they are able to retroactively enact punishment is beyond me.  That isn't the key issue in my case though.  It CLEARLY states – 6301(a.)(1.)(ii.) which is a Felony 3 is the offense that requires registration.  I am hoping that someone can shed some light.  Thank you for the article and hopefully justice can be served here.

    • Jim says:

      see thats the thing. the writers of the law somehow convinced the courts that this law is not enacting punishment or extending punishment to those already on megan's law that it is mearly helping the community out by keeping a closer eye on sex offenders. which is complete crap. the writers of this law had every intention of doing the most harm to every single person that will be affected by this. for example if you were caught with watching a child porn and given a 10 year registration sentence which was fair .. well not anymore..  you are not considered a sexually violent predator and have to register for life and your entire community has to be told about you and where you live. while watching a child porn by no means is something to shake a stick at, it certainly should not be comparable to someone who was convicted of rape or sexual assault which is what this new law says.

    • JK says:

      J Het,

      A friend of mine spoke with a probation officer today, and she stated that only the F3 requires registration. I think the only way you will get resolve here is to go in front of a judge though.

      If your probation officer's inclination that it is not the grade of the offense that matters, but instead is whether the underlying accuations are sexual in nature, then someone who plead to, for example, simple assault where the accusations were sexual in nature would also have to register. There are likely thousands of cases out there where the underlying accusations were sexual, but the resulting plea resulted in a conviction of a non-sexual offense. If your probation officer’s "logic" were correct, all of these people would have to register also.

      Basing registration requirements upon underlying facts which are not necessarily an element of the offense does not afford due process.

       

      • J Het says:

        Thanks JK, I should know today.  However, another thought is this:  The new law states:  (1)  An individual who, on or after the effective date of this section, is convicted of a sexually violent offense and who has a residence within this Commonwealth or is a transient.  My plea was Dec. 1, 2011 and (though I'm not sure what the date is that this refers to) I know that it was after this date.  Does this mean anything to my case (laying aside the Corruption question ??

        • JK says:

          J Het,
          In addition to anyone who IS convicted of a sexually violent offense on or after Decemeber 20, 2012, anyone who, on or after Decemeber 20, 2012, is on probation, IP, or parole for a sexually violent offense has to register.

          • Holly says:

            My fiance is being required to register because he doesn't get off of probation till July. I think it is absurb that he has to register for a misdemeanor. 

  2. LJW says:

    The salient point that's being left out by the court is whether or not the law is even effective! Study after study shows that these laws do not change the rate of sexual abuse or child abuse. They show that the so-called "protection" they afford does not exist. When you consider that a population of people are being restricted for no reason, then of course every restriction is punative.

    The intent is irrelevant. If I invite you to my house with the intent of having lunch and in the process end up holding you hostage, the intent doesn't matter. Clearly, the laws get very little scrutiny before they are passed. However, there is clear evidence that they are only punitive in nature. There's even evidence that they give the community a false sense of safety, and thus, decrease safety!

  3. Another Mother says:

    My son was lied to by a girl he dated for over a month about her age, thus he was convicted of the misdemenour Corruption of a Minor.  This was the third girlfriend he ever had, she appeared to be of age, and her friends had also told him she was of age besides herself. He met her, over 50 miles from where she lived on a weekend retreat where noone was over the age of 20, and there was to be noone under the age of 18.  She testified in court about the lies, her friends testified that she had recently broken up with a boyfriend who was the same age as my son, and was going to  " meet someone new to make him jealous".  My son has spent over 2 1/2 years in a state facility and is due to be released soon. Under the new law he will be required to register as a sex offender for 15 years, when in fact, he was merely niave. Our son was suicidal over this for many months, Warn your sons, this journey has been horrendous

    • Karen says:

      My son was also lied to by a girl who said she was 19 and she wasnt. Girls today look older then what they are and you can not tell. But as the law says adults should know better and be able to tell. My son spent 9 months in jail because of this girls lies. my son was also nieve. I feel that the laws need to be changed where if the girl lies then they should have to pay the consequence. Right now all the law does is sllow these girls to lie in court and get away with it. I did make a plea with no megans law and with the new AWA my son still does not have to register but I feel everyones pain on what s happening. I am a big time activist for this cause and will continue to fight the laws as megans law does not keep children safe. Education is the key here not more punishment. Many offenders will not repeat thier mistakes and should be allowed to move on with thier lifes like anyone ekse that commits a crime. All this does for our loved ones in continue thier punishment for the rest of thier lives. It is rediculous why can a murderer move on with thier life and we can not. These laws are unjust and unfair.

       

      • David says:

        Hi, Karen

        I hear and agree with you I won't do what I did again and it was my first offense and I lost my family and friends over the stupid stuff. And now when I'm ending my punishment and think I can move on they make me a teir 3 now, total BS…that why in my other posts I've been spreading the word about this lawyer in philly whos a civil lawyer and hes willing to take and fight this but need donations…and hopefully if everyone complains to the ACLU they will fight it here in PA. like they did in Ohio and we will win.. But they will never ever stop it, only thing is to educate people and hope for the best, as its been around since biblical days and the old sayig where theres a will theres a way.. So it is my belief that they want to add this on as more punishment and make the weak minded take their lives to rid society of such people and the ones that dont, it only makes them more compliant and managable..

        So look for my other posts and get the info and welcome to the cause.

        • Bernie says:

          I'm in the same boat. would like to know who the lawyer is or where i can find your other posts so i may look him up

          • David says:

            Hi Bernie,

            reformpennsylvanialaws@yahoo.com

            email this guy and he can give you the information on the lawyer.

            Also, here is the ACLU phone numbers for pa.

            215-592-1513 eastern

            877-424-2258 central

            412-681-7736 western

            Call them and file a complaint, due to it violating your civil rights.

            Also, heres a website you might check out its also, for the cause

            reformsexoffenderlaws.org

            Hope this helps

          • David says:

            heres another website you might check out and since the other link didnt work here it is again hopefully

            http://www.reformsexoffenderlaws.org/

            http://www.gopetition.com/petitions/revoke-adam-walsh-law-and-sorna-act-in-pennsylvania.html

      • kisma88 says:

        My son has just been charge with messing with a minor on Facebook she says she’s 18 but now we soon find out after family pressed charges she’s 14..the lawyer says girls doesn’t get n trouble for lying but my son is gonna b label as a sex offender at the age of 18..the law needs to make girls stop lying n ruining young guys lives!!!

        • Jim says:

          sadly the lawmakers dont care who lives these new laws ruin. all that they care about is that they have made their citizens feel safe. the only way i see out of it is if the girl's parents agree they dont wants charges pressed and if it can be proven she did in fact lie to your son

  4. Jennifer says:

    In my case, the first thing discussed was if regisration would be necessary. Lawyer pulled out law books and no not for offenses charged. This was basis of decision to plead guilty n spare all parties further stress. Two offense were pleaded guilty. Parole over for one charge. Still on probation for CMM. Having to register will make me homeless as I'm not allowed to list my current address. I have been told my church will have to be told n letter from pastor given to PO. My parents have decided that too would be too embarrassing so I will not be allowed to go to my church either. I am afraid I will lose my job with all the time I have taken off from work, to fill out paperwork, now one day notice to get fingerprinte, all the future check in dates etc. do they want me unemployed too? I've been looking for two years for pt job to help pay for counseling n court fees etc. how am I going to find a Place to live much less pay first last security. I have not been able to save a penny with all my lawyer debt etc. If im homeless PO will throw me back in jail. all this days before holidays, my parents are furious at me again.  yes i was an idiot and made a mistake a stupid  2 minute lack of all good judgement mistake n I have done everything possible to find forgiveness n redeem myself for years now. I feel like there's no hope anymore. I keep getting punished over and over. Maybe this world would be better off without me  I can't be there for my daughter like I should be bc I'm not allowed in schools or parks. What happened was situational n bc of relationship with victim. I'm not a threat, was no violence. Counseling has helped. I've learned coping skills n know to avoid triggers n make safety plans. How can  lifetime regisration when none was required not be considered punishment. Why waste tax payer money? Why put up so many roadblocks to stop me from ever movIng on with life? PO doesn't even know which offense or if both is required to register or for how long but guess what he's still making me go through process bc that's what he's been told to do. He doesn't even think its fair. From other stories these changes will make the notification website a joke. How will you know if neighbor is dangerous rapist or someone who bought a tape online n never even viewed it. Why is there no notification for murders n other such crimes? Sad thing is no one cares? They blast anyone who speaks out or stands up to how unfair these changes are. Friends even family throw you away like trash even though your a good person never in trouble before bc of the label thrown on us. Once labeled doesn't matter if your Sandusky or just made a mistake once n learned n spend rest of life trying to repair n repay for the damage. Once info out there you can never change the ripples it will create. So much for freedom n living American dream. Two offenses from same crime can put you into lifetime tier. Forever labeled, shunned and outcasted. No way to ever improve your life so why live it. 

    • annonymous says:

      I agree completely with you jennifer, I was charged with 2 counts of loitering and prowling at nite time, m3 charges, and 2 counts of invasion of privacy also m3's. I was charged with these crimes b a rookie cop fresh out of school because i walked across 2 yards to take a shortcut, spent 4 months in jail and was told i wouldnt have to register, then in feb 2013 i was forced by my po to register as tier 1, 15 yr registration, This very day i recieved a letter stating i am tier 3 because i had 2 counts of invasion of privacy…..wtf!? So i was handed a lifetime sentince for two low grade misdemeanors. I have been shunned and ridiculed by family and friends, lost 7 jobs, and put up with recieving "hate mail" on a daily basis. I report it to the state police and they tell me they cant do anything about it!?! So what do we do when the police wont PROTECT and SERVE us? take matters into our own hands and organize and fight these aweful laws. they are complete bs….

  5. Jennifer says:

    Called Harrisburg today, number given by counselor. Lady said everyone possible is being set up while the determination process takes place. She also said letters will be sent with yes you have to register or no you don't have to register but this step is still happening. Guess they want r DNA just incase?? Ruin holidays n loss a few lives to suicide while they figure it all out. What a great state PA is!!

    • Jody says:

      I so agree… This is so ridiculous.. I understand if they did a major sexual encounter… but seriously they r goin to far with this…. I don't understand y if they did the time already… why wait a couple years later and do the worse thing like puttin them on Megan's Law… If they learned from their mistakes and they stay away from certain people… I feel they shouldn't have to get put on this website…. I understand cause they r on probation but if they are almost off probation in like 6 months for this crime they shouldn't have to worry about anything else… All they r doin is tryin to ruin one's life… I think they should worry about their jobs and place to live…. Have a lil common courtesy…..

  6. J Het says:

    Well, I had my hearing today (my lawyer dealt with two other cases that were nearly all identical).  All of us plead to a Misdemeanor 1 Corruption Charge.  The judge basically stated that there was not really anything that he personally could do about it (that he didn't have jurisdiction, blah blah blah) and that the whole reason that the M1 count is also applicable (even though it CLEARLY states that it's only 6301 (a.)(1.)(ii.) is because of Article 21 under 9799.14 which states:  (21.)  A comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.  Talk about a BLATANT catch all.  What they are saying is because Corruption used to be listed differently (they added the ii. – Sexual in Nature on 12-6-10 if I'm not mistaken) that they can revert back to that law where the ii. didn't exist.  Are you serious ?  I'd love some feedback on my experience (which was the same experience by at least three people today).  Count me in for a Class Action or whatever needs done to change this. 

    • JK says:

      Wow!! That will not hold up! They are not similar in nature, because one has a sexual element, and the other does not!!! I can’t believe anyone would make this ruling. This provision was added to catch a sexual offense that was called something different in the past, such as “Statutory rape”, which is now “Statutory sexual assault”.

      Using this reasoning, anyone convicted of Corruption of a Minor, even for furnishing alcohol, will have to register.

      If, when you took your plea, there WERE two subsections of Corruption (i and ii) (on or after to December 6, 2010), and you plead to the misdemeanor, then you plead to Corruption i. You did NOT plea to Corruption under the former law, as this is the current law. So:

      you are not on probation for “A comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.”

      If, when you took your plea, there were NOT two subsections of Corruption (prior to October 6, 2010), then you DID plea to Corruption under a former law. Nevertheless, as I stated earlier, these offenses are not similar because one had a sexual element, and the other does not.

    • JK says:

      Just now heard back from a fellow who filed a motion to prevent the State Police from making him register. The judge agreed that requiring him to register would be a breach of the plea agreement, and ordered the PSP to not register him. The PSP complied.

      • J Het says:

        Funny how one judge can make one ruling and another make a different one.  I would like to ask anyone that can share their experiences to do so.  I feel like I have been screwed here and would like to know what options I have.  This really gives me a sick feeling about our system and what it is supposedly designed to do.

        • J Het says:

          Also, I'm not sure what to say about "it holding up".  My Lawyer wants $12,000 to appeal.  I don't have $12,000 to throw at something that may or may not stick.  I sure hope that someone sees the idiocracy of this.  The judge and Probation people told my lawyer that whomever trained them to handle "this large influx of workload" should just disregard anything after the words Corruption of the Morals of a Minor because ALL offenses are regristrable.  Is this really worth the cost?  Can we get some more conversation / experiences going about this please ? 

          • JK says:

            J Het,

            I would seriously run my legal analysis (above) by your lawyer. You are not on probation for a similar offense (to the sexually violent offenses) that existed under a former law; you are on probation for for an offense under current law. The “former” law of Corruption was prior to December 6, 2010, after which date the Corruption of a Minor was broken into two subsections (i and ii), which is the CURRENT law.

            The provision is referring to an offense that existed under former law, but does not currently exist under current law. You plead to an offense that DOES exist under current law. So, you are NOT on probation for a similar offense that existed under a former law, but does not exist under current law.

            “Former” implies that it does not currently exist.

            Obviously the provision is not referring to existing offenses that are similar in nature to the sexually violent offenses listed – they would have simply placed such offenses on the list!

            Furthermore, it is not legal to attach an element to an offense that does not have that element in the statute. For example, if someone took a plea to Corruption of a Minor (i), that offense does NOT have a sexual element. Even if the underlying allegations are sexual in nature, the person is NOT conceding that the admission of guilt to that offense is based upon the alleged sexual acts. He is conceding that the admission of guilt to that offense is based upon the non-sexual elements of the allegations. Not all of the offenses that a person can be charged with, or convicted of are necessarily sexual in nature, even though its a sex crime case. The person is conceding that he is guilty of Corruption (i); he is NOT conceding that he is guilty of Corruption (ii).

            In cases where the individual agrees to a nolo contendere plea, he is NOT conceding that the underlying allegations are true. He is simply conceding that, if he were to go to trial, he may be convicted. Therefore, especially in cases such as these, a sexual element could NOT be attached to Corruption of a Minor (i) based upon the allegations, not only because there is no sexual element in that statute, but also because the defendant never conceded that the SEXUAL allegations were true. He simply chose to plea nolo contendere to Corruption of a Minor (i), which does not have a sexual element.

            Finally, if the premise of requiring someone to register is that the underlying allegations are sexual in nature, then any offense, such as simple assault, would be considered a registrable offense if the underlying allegations are sexual in nature. There is no indication in the new law of this rationale.

      • JK says:

        I wanted to give an update on the ruling I discusses above (December 20, 2012 at 4:03 pm). Despite the judge's ruling, the probation office ordered the fellow to regsiter within 48 hours, or he would be arrested. They basically stated that the judge's ruling was illegal. I don't understand this?? Who has domain over these new laws? Anyone?

        • Matty says:

          HI David,

          I say this "….it only makes them more compliant and managable.." and had to reply."

          How about THE OTHER SIDE of this coin?  Pushes them so far, that they just don't give a damn anymore!  They go underground, homeless or living "outside" the registration, not registering or living with some sister, like John Couey, and goes out and rapes and KILLS little girl/boy?

          They feel like "WTF!  I'm already branded, can't work, no money, can't live anywhere, not wanted in society…. F**K IT!"

          This Megan's Law, Adam Walsh Law, SORNA, or whatever else law they pass is futile.  You commit the crime, do your punishment and move on with your life, just as ANY OTHER criminal offender is allowed to!  They don't make burglars, murderers, shoplifters or drunks register on some public registry so that everyone can know who THEY are?

          I don't want some burglar living in MY neighborhood!  How dso I konw where he is or WHO he is so that I can WATCH for him/her?  How do the police know where he/she is or what they're up to?  How do I know he/she isn't going to rob MY house right down the street?  Who's watching THEM?

          That's a major point! Society is so paranoid that if they know where one is and how to get hold of them, it'll prevent anything from happening?

          So, perhaps it MAY make some, perhaps even most, compliant and manageable, but it won't all!

          When pushed too far, there's only a certain number of options one has left……. jump off a building, hang yourself, put a gun to your head and pull the trigger OR………………

          Nice choice of options, huh?

          I'm NOT advocating the later, just an observation of life as an old-timer….. when "push comes to shove", some PUSH BACK!!

      • J Het says:

        I am circling back to this post.  Is this post actually true?  If so, I believe that people that have been forced to register that then needed to pay THOUSANDS to fight it should be reimbursed because the County Probation / PSP weren't smart enough to read and understand the law.  Nevermind those of us that went in front of the Court of Common Pleas who choose to sit on their hands because "it isn't their problem".  Is this really a freaking ploy to make the lawyers rich?  God, talk about injustice !

        • deathlocke says:

          If it makes you feel any better, my po knew nothing about the registry so he passed me onto a different one that knew nothing, then i get told to go register with the PSP, they told me verbatum to "Kindly leave the barraks because im an idiot" and was told to have probation do it. probation refused so guess who got to drive to harrisburg just to register? I DID!

    • Jennifer says:

      Did you received letter saying you had to register?

      • Jk says:

        I received letter today from probation saying I have to register. The letter said I was already a registered sex offender, but I'm not. Went to probation. Now they are sending new letters with date and time to register. Probation said I have to register because indecent assault in my docket, even though I'm not on probation for that offense, nor will I ever. Basically, probation is being told to make anyone register if they have doubt as to whether they should. State police will register you, and then send you a letter after they review everything – the letter will say for sure whether you be registered. If not, they will destroy your info. A major cluster. 

        • J Het says:

          Sorry that I didn't reply properly, I hit the wrong button. I urge anyone else that is dealing with similar issues to let us know here. There have to be more?  Great Christmas present, you know?  :/

  7. J Het says:

    I am on probation for one Misdemeanor Count of Corruption of the Morals of a Minor.  6301(a.)(1.)(i.)  It is very clear that I plead to a Misdemeanor of which I received 5 years of Probation for.  In our county (as backward as it is) the ruling is final and we are all three going to need to register.  In all three cases, the underlying allegations (which should really have nothing to do with what the actual pleas were for) were sexual in nature.  They mentioned about the Offense Gravity Score (first time I ever heard this term – this was not discussed during our plea discussions, etc.) was a 5.  Yes, the allegations were sexual in nature, but the ultimate plea was for ONE M1 Count of CMM with no prison time.  Here we are a year later and BAM – more punishment.  Call it "non-punitive" or call it what you will, it seems to me like it is unlawful and I can't believe that it made it THIS far.  Is someone going to do something about this !??!

    • JK says:

      J Het,

      The judge made an error because the offense gravity scores were never updated to conform with the new law of Corruption of Minors. Please read my post: http://www.premierdefensegroup.com/blog/appealing-pennsylvanias-new-megans/#comment-584

  8. Jem says:

    My husband was forced to move out of our home while on probation. No regisration was necessary for his offenses n he moved in with his parents. Now due to this last minute notification he must move back home bc he is not allowed to stay with parents if their address will be registered. Now I'm forced to leave my own home with my children days before Christmas. What choice did we have? He has to have address for probation n we were given no notice. We still don't even know for how long, what offense etc. how can registration not be considered punishment? I've committed no crime yet my children n I are being punished bc of SORNA. I don't even know how to tell my kids or where to go? They have been through enough and yet these non punitive retroactive changes are hurting my children n forcing us to all relive the pain n stress when we have worked so hard to repair n move on. I've lost all hope at ever having a happy life again. I will be forever looked down upon for forgiving the good person but not the bad mistake. people make mistakes, they learn n grow n become better people.  Why punish them AND people who love them for years or even life.

    • Jim says:

      because the whole reason this got passed and the retroactivity part is because of Sandusky. this flew through the courts with no problem. so it doesnt matter if you peed in public or accidentally saw a 15 yr old naked, you are automatically compared to sandusky and labeled as such.

    • Jim says:

      one thing though. upon calling the states megans law number, it says on there that the state can not tell you where you can and cant live and who you can and cant live with unless in his particular court order it states otherwise.

    • B Free says:

      I’m really sorry to hear that Jem. Sharing stories such as yours is very important. Our society, and lawmakers need to realize just how punitive these laws are.

      • Jem says:

        Now PO has written my husband up n is threatening to throw him back in jail. He's calling us BOTH selfish. How could we uproot the kids. Since my husband told the Po he could not register his parents address n needed to use his house on the court paperwork now Po is saying he falsified the registration. He has to go to state police tomorrow to have it changed. His parents are flipping out. Po has known since mid dec about this. He gave him hell for not finding an apartment to rent. Are these people that dense? How the hell would he pay for an apartment even if he did find one that would allow him. How are we selfish, what choice do we have! Do these people really think its better to throw him back in jail where he can't pay child support, can't help pay his mortgage etc. how is that not hurting children. When is something going to be done? I filed compliant, signed petition, spoke to lawyer. I'm broke with all these counseling n court fees. In all this, he still never received a lette even saying why he has to register. He's not on supervision for tier 2 offense anymore n CCM is only a M1. How can this be happening?  Will no one stand up for what's right anymore. 

  9. David says:

    Ok, in a nutshell here it is if you want to get this taken care of its a civil matter rather then a criminal one. And you need a civil attorney to take care of it we have a attorney willing to challenge this but we need donations here is the email address to email and this guy will give you all the information on the attorney and what is being done..So if you want to change your status do not delay and get in contact today. And I look for you my brothers and sister to stand beside me and change this stupid unfair unconstitutional law..

    reformpennsylvanialaws@yahoo.com

    So email this guy and also call and write your chapter of the ACLU and complain to them, we must all stand together to get this changed…IT IS unconstitutional and double jepordy to us and people we know..If you can email this guy an help by donating to this attorney he has ready to fight on our behalf PLEASE do so…if we all band together it wont cost the ones who are now donating the whole cost, BUT we need THIS civil attorney's help and we need it now or we will just let the state of PA. and John Walsh get his way and have us labeled for life….SPEAK UP now and claim your rights back.. Email and donate today

    And

    Everyone try and have a MERRY CHRISTMAS

  10. william says:

    HELLO 

    back in 2008 i plead down to corruption of minor and its listed on my docket as 18 $6301$$ a 1. it has no i or ii after it . i was contacted bye my po just before thanksgiveing and he said i may have to register he would let me know at our next meeting. so i went to meeting and he said no i din't have to register . then just a couple days ago he calls me and tells me yes i do . he said expect a letter in mail . have not recived one yet. now he wants me in his office on the 28th to register . i almost hung myself yesterday because of this . i have served over 3 and a half years of my plea agreement 5 years of probation but he told me mice was non violent . how can this be . he said it was sexual in nature . the jist of it is i wrote a letter to my stepdaughter that she clearly misunderstood . could my po be wrong and i don't fall into tier 1 catigory ? someone please respond.

    • JK says:

      William,

      First of all I am really sorry to hear about your situation. Please know that you are not alone in your suffering. I've spent a great deal of time researching why, or how anyone could legally be required to regsiter for having plead to a count of Corruption (M1).

      I have heard two reasons.

      1) In listing the offenses for which registration is required, Section 9799.14 (21) of the new law states "A comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.” This provision was meant to include offenses that currently do NOT exist under current law, but did exist under a former law. The FORMER law of Corruption of a Minor existed prior to December 6, 2010, after which date the offense was broken into two subparagraphs (i) and (ii), which is the current law. If you were convicted of Corruption prior to December 6, 2010, then you WERE convicted of an offense under a former law. As much as I want to disagree, it might be possible to say that Corruption of Minors under the former law is similar to Corruption of Minors (18 §6301 §§A1(ii)) under current law, because they both encompassed sexual acts.

      It could not be said, however, that Corruption of Minors (18 §6301 §§A1(i)) under current law is similar to Corruption of Minors (18 §6301 §§A1(ii)) under current law, because Corruption of Minors (18 §6301 §§A1(i) excludes sexual acts, i.e., you could not be convicted of this offense for a sexual act – you would have to be convicted of Corruption of Minors (18 §6301 §§A1(ii)).

      2) Some probation departments are requiring folks to regsiter for Corruption §6301 §§A1(i) IF the underlying allegations are sexual in nature. I highly doubt that this will hold up, because there is no sexual element in the statute for the offense. Also, there is absolutely no mention of such a requirement in the current law. I've written in greater detail about this topic in an above comment (December 20, 2012 at 4:59 pm)

      It is unclear at this point how the PSP will ultimately decide these issue. For now, the probation departments are being told to order anyone to regsiter if they have any doubt as to whether they should. After registering, the PSP will make a final decision as to exactly who must regsiter, and will send a letter with a final determination.

       

  11. Jr says:

    Having never had to deal with registration since it was not required for offense before, I have a question, if you have to register where you live, what happens if you have second home or just a seasonal camper at campground. It's not a vac, just somewhere you stay. R u still allowed to do this? Will u have to notify campground, can they refuse to let you stay??

    • Matty says:

      Jr,

      As far as I understand the NEW changes, you DO have to tell the police; i.e. Megan's Law registration officials  "you are required to report any change in registration information INCLUDING temporary lodging away from your residence for 7 days or more, and the changes must be reported within 3 days of the change."

      It doesn't matter if it's a vacation home, campground or wherever.

    • Matty says:

      Jr,

      Sorry, forgot this too…

      If you are staying at a different residence, for an extended amount of time, you may have to notify the state police who service that area also.  Check the local ordinances or the state police about this, or the Megan's Law websites.

  12. DolphinGurl says:

    Hello,

    I am not pleased to say this but I am greatful to have come accross this site, and to see there are others having issues with the new law, and I AM SORRY TO YOU ALL! My Fiance and I are going threw alot of the same thing.

    Here is my question, and I am sure I read it somewhere up above but what to make usre I am "clear". This is right off my fiance'  docet sheet  - declaratory judgment is DENIED, as the defendant was…..sentenced: 2/19/09 for a violation of 18 Pa C.S.A. 6301(A)(1), corruption of minors, which crime had an offense gravity score of 5 and under the Sentencing Guidelines in effect at that time was defined as corruption of minors  (when of sexual nature).  42  Pa. C.S.A. 97.99.14(b)(21) requires this offense to be an offense registerable as a Tier One offense. But listed as: 18 § 6301 M1 Corruption Of Minors on the<b>court</b> summuary page of the docket from the ujs portal site, Can some one please break this down in term I can understand.

    We have the right to appeal for $10,000, but keep in mind the attorney told him he was "OK" and would "NOT" have to register, already went to the PO and got things started now guess we wait for the PSP?

    • J Het says:

      Same EXACT situation here.  I also know of at one other person that has the exact same thing going on.  There should be a class action.  If anyone knows or hears of one, let the rest of us know!  Regardless, please keep us updated as to what happens.  Thanks !

    • JK says:

      DolphinGurl,

      I thought this might interest you. If you look at the current statutes regarding Corruption of Minors, you will see that there are two subparagraphs: (i) which is an (M1), and (ii) which is an F3.  (The "former" law regarding Corruption of Minors was prior to December 6, 2010, and did not contain these subparagraphs).

      Interestingly, if you look in the current PA Code under offense gravity scores, you will notice that there is a mistake. The Corruption of Minors (when sexual in nature) which corresponds to (ii), is listed as an M1, and instead should be an F3!!

      If you were convicted of Corruption under current law (on or after Dec 6, 2010), and your conviction was an M1, then you were convicted of (i). The offense gravity score would be 4. If you were convicted of (ii), the offense gravity score would be 5.

      The Corruption (when sexual in nature) cannot be referring to (i), because the statute of (i) precluded any acts sexual in nature, i.e., one could not be convicted of (i) due to a sexual act – the statute commands that he or she must be convicted of (ii): "(i)  Except as provided in subparagraph (ii), whoever,….".

      Now, if you were convicted of Corruption under the former law (prior to Dec 6, 2010), then it is possible that your conviction was given an offense gravity score of 5.

  13. J Het says:

    I agree with the gentleman named David that keeps posting on this site.  In addition to researching the appeal of my case, I am taking his advise and filing a complaint with the ACLU.  I STRONGLY suggest that everyone that is in this same situation does the same thing.  They make it relatively easy here:

    http://www.aclupa.org/legal/fileacomplaint.htm

    My hope is that they will see enough of an injustice from it and will do what was done in Ohio.  I also contacted the email address that he lists which basically gives the contact information from a civil attorney that is looking at taking this on.  I intend on contacting him and sending a donation as suggested.

    • David says:

      I strongly urge everyone to contact the ACLU and file a complaint, and also send email to this guy hes the liasion for a attorney in Philly who is willing to fight againt this injustice forced upon us by the state of Pennsylvania and the AWA act…

      http://reformpennsylvanialaws@yahoo.com&nbsp; and also

      http://www.aclupa.org/legal/fileacomplaint.htm

      If you value your freedom as much as I do and do not want added punishment, I urge you to email this attorney and contact the ACLU.  And pressure them to do something.. It is my belief that this attorney will work along side or with the ACLU as well..

      I am highly pissed off as I had 2 more years left on my 10 years and now they tell me I must registe for life just because I had 5 counts of sexual explotation of children <computer images> transmitted via the internet ….on my docket.

      That makes me a tier 3 and a life time reg….when old law and assesment board said 10 years

      I urge everyone to email and call and stand up for your freedom, make Pennsylvania over turn like Ohio did in 2009.

       

      • David says:

        http://reformpennsylvanialaws@yahoo.com sorry i see a miss print on the link above

      • Matty says:

        David,

        Well, YEAH… I would be pretty pissed off too,but you have to consider what you did to deserve that also!

        Don't get me wrong, I'm not chastising you, but you DID disseminate those images, whether receiving or sending them to/from others.

        And, although your original registering for that was 10 years, it is a bit more severe an offense than giving a kid some beer.

        I'm basically in the same pickle.  My registering has gone from 10 to 15 years, and that's for 1 count of possession of child pornography.  They originally listed like 60 counts againt me, including 20 of possession, 20 of imaging/transmitting & 20 of using the internet.  They dropped all but 1 charge, possession of child pornography.  Of course, my charge fell under "child abuse" not sexual exploitation of children.

        Bacause I did not transmit anything to others, the using of the internet and imaging/transmitting charges disappeared and the images were undecidedly questionable except for 1, so they too were dropped…. the done by the ADA who approached me with a deal.  You perhaps transmitted something to someone else that got the "sexual explotation of children <computer images> transmitted via the internet" charges?

        I had a 10 year registration also, with only 2 years more to go, and that was changed to NOW 15 years, as a Tier 1 offense, which means I now have to register for 7 more years instead of the 2 that Ihad left to do.

        I'm certainly not thrilled about it, so I can imagine that you're beside yourself to go from 10 to lifetime.

        They don't care… it meant more money for PA's pockets…. about 1.6 MILLION dollars a year more!

        Give me a 1/4 of that, and I'll go quietly and disappear.

  14. BRG says:

    I was a school bus driver who said come on I'll take you home. The 15 year old girl got on my bus and I took her to her bus stop. The next day I was arrester for luring and corruption on minors. I had a lousy lawyer that would not step down from my case. Since I lost my job and could not get employment I was forced to stay with this lawyer. He had me plead no contest to the luring but after much testing was deemed non sexual and I did not have to register for Megans Law. I have a good job and will lose it if this new law overturns the old law. Since I did not have to register before why do I now. Thank-you

  15. william says:

    Does anyone have any updates on any of this ? My PO. called me and changed my date to register till the 4th. He explained to me that there is a new provision that the PO'S were e-mailed and anyone who fell under the old M1 . He said it is not the DEC  6th  2010 Provision and subsections . he said this was new dated the 19th of dec 2012 to include anyone who was found guilty or pleaded guilty to corrubtion of minors . I have looked at the megans website under the offenders who have to register and i have not found not 1 person who fell under tier 1 that had a charge of corrubtion of minors . if anyone has any info or updates please post . have any of you gone and registered yet?  My Po said he will give me a copy of the new provision in witch i will post it's contence on this site .

    • JK says:

      William,

      Please do post that when you get it. I believe your probation officer is referring to a memo that all probation officers recieved in order to clarify which individuals that are under supervision for Corruption are required to register.

      I don't think it is a new "provision", as a new provision would have to go through legislation before it would become effective.

      I see that you refer to "the old M1". Clearly, this refers to the Corruption M1 that existed prior to Corruption being broken into two subparagraphs (i and ii), which happened on December 6, 2010. The "new" M1 is (i), and the "new" F3 is (ii).

      FYI, although they updated the statute for Corruption, they never updated the offense gravity scores accordingly. If you look at the list (http://www.pacode.com/secure/data/204/chapter303/s303.15.html), you will see that they do not even list the F3 Corruption. They still have the scoring for the "old" corruption.

      If you were convicted of the "old" corruption, it was an M1 regardless of whether the underlying allegations were sexual in nature; however, the offense gravity score was different if the actions that were conceded to (plead guilty to) were “when of sexual nature”. It was a 4 if not sexual, and a 5 if sexual.

      Now, they have broken the statute for Corruption into two subparagraphs: (i) which is for non-sexual crimes (M1), and (ii) which is for sexual crimes (F3). Therefore, the judge no longer needs to make a determination as to whether the offense falls under “when of sexual nature”. However, the legislators have not updated the corresponding offense gravity score sheet. "When of sexual nature" should refer to (ii), which should be listed as an F3, not an M1. “When of sexual nature” cannot be referring to (i), because the statute for this offense does not encompass acts that are sexual in nature – the statute mandates that acts that are sexual in nature be subject to (ii).

      • J Het says:

        Update – They've updated this finally !  I hope this is good news.

        http://www.pacode.com/secure/data/204/chapter303/s303.15.html

  16. Mr.Q says:

    If you're interested in fighting i suggest you check out this website as well.    http://www.gopetition.com/petitions/revoke-adam-walsh-law-and-sorna-act-in-pennsylvania.html

     

     

    • J Het says:

      I hope everyone signs this.  There HAS to be a class action – why hasn't anyone stepped up and taken this on yet?  I know the one gentleman has stated that there is a company out East that is going to fight it on a Civil level and they want donations but I would either like this person to approach us (at least answer inquiries put on their website) or ANYTHING before I blindly send a donation.

  17. JA says:

    Received 1 letter stating I have 90 days to register after 12/20/2012 and a second letter stating I have 10 days to register from 1/1/2013.  Tried to call the unit, got a message that call volume was too high.  They could not take my call.  (No hold or anything).

    Looking at the new requirements, changes to email or online presence require a trip to the State Police, and may other new provisions.  Why can't it all be online?  They want people to fail.  They can incarcerate at will.  It is scary.  How can it NOT affect your faith in the system and very will to live?

    • Jim says:

      same thing with me. i received 2 letters contradicting each other. i called and found out that the 10 day letter was because my annual registration date was coming. i had to do that. my annual date just happened to fall on the 20th of december. so now i have 90 days from dec 20th to go back down there and re-register for tier 3. then go back again on march 20th for my quarter registeration now. very inefficient system.

  18. Dolphingurl says:

    Hello,

    Nothing new on our case, still waiting to hear fom PSP to get information on regestration. I wanted to see if there was anyone on this site from the Pittsburgh, Pa area? I think there are serveral people out there who are indeed going threw the same thing, and feel that voices are louder in numbers. Since this new law and being told my fiance can't travel outside of PA he has since lost his job. He is to go to therapy as part of his plea agreement and I have no idea where we are going to come up with the money. He has been suspended from therapy pending a ploygraph test because they claim he is in "denial" and are asking such riduculas things be written out in an essay? I wish there was a support group of us "victims" of these laws and they could see that not everyone is "bad" and having someone labled as a sexual predator for only having a corruption charge is silly. I would think "IF" he was a bad person, I would not be with him and continue to stand beside him.

    Please Advise, and once again I am greatful for this forum, are there any more that you know of where I can continue to do MY Lawyers job. (he has not been much help)

    • David says:

      Hi dalphingurl, I'm close to pittsburgh, and was in theraphy as well and played the game just to get thru it as some of the stuff is in my opinion stupid. As for your lawyers job, afraid not because this is a civil matter not a criminal one, thats why in my other posts I've been asking people to email this guy and to contact their ACLU office and file a complaint and you might want to file a written complaint with the PSP as well, I agree just because I had 5 convictions on the same docket for images transmitted over the internet I am now classified a tier 3 an have to register for life…So I feel your pain and your boyfriends

    • william says:

      im from butler just north of pitt and i plead guilty to m1 corruption of minors in 2005 i was charged 2 months after turning 18 in 2003 tho and my po had violated that case a few times instead of any other cases so now cause im still on probation for this crap i had to do it and noone has answeres its BS and i aint got no extra money for a lawyer wtf

  19. Mr.Q says:

    The Adam Walsh Act and Megan's Law have created more problems. It is unconstitutional to punish people like this and get away with it. Please check this website out and if you like what you see then please tell other people about it.  http://www.gopetition.com/petitions/abolish-the-megan-s-law-registry.html

    The people need to be given the right knowledge-not ignorance and fear. Thank you for very much for taking the time to read this.

  20. David says:

    I agree Mr. Q it has me as a life time reg. when in 2 years I'd be done and able to move on with my life, even though I dont leave my house except for medical reasons

  21. Wife fighting for her FAMILIES FREEDOM says:

     Sign this petion your life is at stake http://www.gopetition.com/petitions/repeal-megans-law.htmlSign I have know my husband since we were kids. We had lost contact awhile back and then 8 years later we get married  and have a child. I had known my now husband and father of my child had this on his record it didnt bother me any because I know him and have known him for years. We count down the days until hes off which would be in 2016 but now due to these new laws he has to register for life. We have never had a honeymoon or even a family vacation due to him being on this. We attempted and went to the mtns just to have this rookie cop fuck with us and not sign his papers until one min before the papers needed to be signed we sat there for hours and you could hear them sayin oh should we sign this or wait.  I work in the medical field have no charges of  any kind not even a parking ticket. I have gone for jobs and been asked how do you know this person and i tell them he is my husband they say oh we will call you and let you know if you got the job knowing right then in there i wasnt getting it. Oh yeah thats right just last year at this time CYS tries to take our child. I asked why are you hear they said becaue some has called and said  your husband is on megans law my child was then 3 . if it was such a concern way werent they there when she was born.  The website for megans law states that no one can use this info to intimidate, harm or infridge on there civil rights. Well thats actually what they did. I being his wife have had cys try to take our child, was told by a sheriff that I cant have guns becasue my husband is on megans law (which i found out that is total bs), denied jobs, denied residency, and in some insidence denied gov assistance. I am a good person and so is my husband I take care of people for a living and to have people look at us as some type of monster is crazy. Years ago when i was a teen I had a man touch me in my sleep that motherfucker only got probation for 1 year nothing else. Also as a baby i was raped and I do belive that laws do need to be in place but not ones that are so harsh and take away anyones civil or constitutional rights. So sign the petion and send it on.

    • David says:

      ALREADY signed it as its unjust and total bullshit and I understand what your going through I think thats one reason my girlfriend and I didnt work out cuz of the stigma it placed on her for being associated with me..

  22. Jay says:

    B Free,

    I was convicted of criminal code 6312(d) as my megan's law listing clearly shows.  I took a screen cap for future reference if needed.  My question is this. Until a year ago I was listed as a 10 year registrant and then all of a sudden it changed to Lifetime.  Now I get a letter telling me I have been changed to a Tier III classification. The new law clearly states that crime 6312(d) is a Tier I offense ((9)18 Pa.C.S. § 6312(d) (relating to sexual abuse of children)).  So clearly there is an error here.  Is there any direction you can offer as to what a person can do to get an error of this nature corrected?  A suggestion of even how to go about it  would be helpful.

    My second question is this, if my court documents show that I was SENTANCED by a judge to a period of 10 years in which to register with the PA Megan's Law, then can it be argued that because a judge details a specific amount of time that it must end at that time?  I ask because I only had 7 months left until this new law.  It seems that at the very least when my 10 year registration is up I could go back to the court / judge who told me I had to register and be released from any new periods of registration requirements because I had satisfied his ruling of 10 year registration?  Am i correct here?  Thanks for any details on either issue that you (or anyone else) can provide.

    • B Free says:

      Jay,

      Did you have multiple convicitons in the same case, i.e., were you convicted of multiple sexually violent offenses, or multiple counts of the same sexually violent offense?

      • David says:

        Which tier is considered violant offenses??  It was my understanding from reading it that….If you had multiple felony convictions that raised you into tier 3

        • B Free says:

          All of the listed offenses are “sexually violent” according to the law. If you have been convicted of more than one Tier 1 OR Tier 2 offense, and the new law is applicable to you, then you are elevated into Tier 3.  Unfortunately, it doesn’t matter if all of the offenses were based upon a single act. PA’s law does NOT have a provision such as in Ohio’s law which states “The person has been convicted two or more times, in separate criminal actions, of a sexually oriented offense or a child-victim oriented offense. For purposes of this division, convictions that result from or are connected with the same act or result from offenses committed at the same time are one conviction, and a conviction set aside pursuant to law is not a conviction.”

          Also, although I do not see this requirement in the law, the “cheat sheet” for prosecutors that I obtained states that if you were convicted of a Tier 2 offense, and subsequently are convicted of any felony , you will be elevated to tier 3.

          ***For those out there whose probation officer is requiring you to register for Corruption (1)(i), you should know that, on this cheat sheet, this offense is listed as “non-sorna”.

           

          • Jem says:

            B Free

            if you are on probation for a CMM and supervision has ended for crime now listed on sorna (not Megan's law no prior reg required) how can parole officer make u register only for the offense that u r not being supervised for?  Who do call/fight if u think registration is wrong? No letter has been received, still oly on word of Po who is clueless. Tried to change home addres n state police can't find info that was just given at courthouse. Went 3 days in a row to be told same thing, can't fnd u come back tomorrow. System is a joke, how can that even be legal continually wasting people's time   

          • B Free says:

            Jem,

            This is an issue that is being addressed by courts throughout the State. So far, based upon feedback from the Public Defender’s Office, it appears as though most courts are ruling that a defendant should not be required to register (pursuant to 9799.13(2)) unless he or she is on probation or intermediate punishment FOR a sexually violent offense (SVO). To me, this is the only logical conclusion based upon the language of the provision: “as a result of a conviction for a sexually violent offense”. One must be under supervision as a result of being convicted for THAT offense, i.e., the SVO.

            In my opinion, this language unambiguously refers to those who are under supervision for a SVO as stipulated by the Sentencing Order. If someone has completed their supervision sentence for an offense, then they clearly are no longer under supervision for that offense, which is the primary trigger for applicability. The probation department would not even have an active PO number for that offense.

            Based upon a clear reading of the law, having a sexually violent offense in the same docket should not be enough to trigger applicability under 9799.13(2); the defendant must be under supervision “as a result of a conviction for a sexually violent offense”.

            There have been numerous cases so far where the judge terminated the defendant’s supervision for the sexually violent offense prior to the effective date of the law. Although the defendant was ordered to finish his or her supervision for other, non-sexually violent offenses, the judge ordered that because the defendant was not under supervision for a sexually violent offense, he or she shall not be required to register.

            Unfortunately, the State has seemingly given the power to interpret the law to probation officers, which is a disaster.

            You should consider hiring an attorney to file a motion that requests the judge to clarify this issue.

             

             

          • J Het says:

            The only bad part is that most of us that are on supervision for Misdemeanor 1, CMM had no mention of i. or ii.  One would assume that it was i. since this is a M1 charge and ii. is an F3 charge.  Shouldn't this technicality be blatantly obvious ?  I wish someone would chime in on this as this is what is driving me the most crazy (nevermind the retroactive portion).

    • B Free says:

      Jay, as for your second question, you might consider hiring a lawyer to file a motion pertaining to Breach of Plea Contract. This may or may not be successful. Read carefully this case: http://caselaw.findlaw.com/pa-superior-court/1519466.html

      • Dolphingurl says:

        B Free,

        I have a question on the link you posted? If i am understanding this, if there was a plea made lets say 2/19/2009, which was for CMM only, and now one is being made to register as a tier 1, and never had to register before, then is "he" having his rights of the plea bargin removed. When he (my fiance) was sentenced, he was to do probation, and community service, since the new law 12/20/12 he was told he had to register, as a Teir 1, he has sence been posted on the sites. SORNA and Megans law.

        We are going crazy as I am sure you all are! Please if you can break this down into terms I can understand

  23. JK says:

    When this gets appealed, I hope that the Justices realize that more and more conditions will be added to sex offenders by politicians looking for votes. See below "Pennsylvania Sen. Lisa Boscola introduces law to restrict where sex offenders can live" http://www.lehighvalleylive.com/bethlehem/index.ssf/2013/01/pennsylvania_sen_lisa_boscola.html#comments It says that it won't be retroactive, but what does this mean? Obviously it means that current sex offenders could not be forced to move from their existing location, but what about when they go to move??

  24. Matty says:

    My question applies to THIS in Pennsylvania….

    "The new law states:  (1)  An individual who, on or after the effective date of this section, is convicted of a sexually violent offense and who has a residence within this Commonwealth or is a transient."

    I pleaded guilty to 1 count of possession of child porn in 2005-2006, served 9 months county jail, 14 months parole, 2 years probation, and was told that I 'had' to register under Megan's Law for 10 years.  This was done prior to my release from the county prison.  I have already completed 8 years of registration with 2 more to go.  I was not found to be a sexually violent predator, and my risk of recidification is "low".

    I received a notice in the mail also, changing my status to a Tier 1 now, which requires me to now register for 15 years instead of the original 10 that I was "told" by the Judge in court, when I was sentenced, that I 'had' to do.  This new change now extends my registration another 5 years PLUS the 2 that I have left on the original requirement another 7 years!

    Here's my questions:

    1.  Since I was "told" that I "had" to register, and WAS registered prior to my release on parole ( required to even GET parole and also BEFORE i was released), isn't that part of the SENTENCE as ajudicated by the Court?

    2.  Doesn't the "law of the land", as to sentencing, the sentencing guidelines at the "time of the offense/conviction" apply?

    3.  Since my conviction/plea was long before the change in the law, in 2005/2006, they have made this new requirement retroactive,  BUT if the law states "ON or AFTER the effective date", the effective date being December 20, 2012 (the date the NEW LAW takes effect), and my crime/conviction was prior to that EFFECTIVE DATE, doesn't the "ex post facto" apply to persons whose crime(s) was prior to this EFFECTIVE DATE?

    4.  Since it seems that the Megan's Law registraton requirement WAS "PART" of my sentencing and prole release, doesn't this NEW retrocity in the law actually EXTEND the punishment/sentence that was both in effect & accordingly to the guidelines at the time make this retrocity puntive and not civil, remedial, or a collateral consequence?

    This feels like a second sentence, meant to exacerbate what the court has already ajudicated, without an additional offense being committed!  Perhaps those of us who have already served some time, but paroled or probationed prior to our completion of the "time", might receive ANOTHER letter… or even worse, the police at the door, telling us that there's ANOTHER new law… that we didn't know about 'til it's sprung on us, that we have to reciprocally finish our "time", and that the parole/probation that we already served doesn't count towards the sentence!!!

    This is ADDITIONAL punishment, not civil or collateral consequences!  It's meant to punish further AFTER you have already completed the sentence you were suffered, or in the process of completing!

    Where is the JUSTICE for US?  Not many of us can afford to challenge this in court, financially or physically, and it is derived to be that way!  Most of us, by the time an appeal DID reach the court, would probably have completed the NEW requirements.  And, needless to say, we will have to suffer the stigma attached, the loss/impossibility/denial of employment & residency, the harrassment & dangerousness to ourselves & our families, travel, ostracism, depression, loss of will, and EVEN suicide!

    How does one reintergrate into society when it's made virtually impossible to do so?  Most of us are sorry for what occurred, are shamed, and do not reoffend again, BUT… between what this NEW change does & what society's emotional "witch-hunt" accomplishes is to declare ALL offenders to be considered in one lumped category….. to be castrated adn HUNG in the town square…. every lst one!!!

    So much for second chances!

     

  25. Janet O says:

    i refuse to turn my child over to a woman w a child abuse charge who lied and made bad stories up about me to get back at me for leaving her brother…. n now im a sexual offender??? im clearly lost with this here situation… ive commented b4 about my story… im really confused, how is PROTECTING UR OWN CHILD A MEGANS LAW ISSUE NOW?? These law makers really didnt sit dwn n think this 1 out, did they? talk about taking ur life, huh… i am a mother of 3 girls… ONLY REASON IM STILL HERE RIGHT NOW…. bc this is absolutly a violation to my rights as an AMERICAN CITIZEN…. surely cant afford anymore leagal fees, so wat now??? just except it? HOW? Y? All lawyers i talk to r  to scared to go up against this…  wat about the fact that they tried to kill me n my child?? weres that come into play??? i am lost……

    • Janet O says:

      charged w interference of child custody… my daughter was always in my custody,,, then this judge w/o hearing anything grants her custody…. i leave w my daughter (my home) my inlaws track me dwn n call police n im charged… huh. all in 2 hrs. after this was granted too….?

      • J Het says:

        I'm not sure that I understand what good it does to get so upset (drunk?) about it that it makes one type like you are either a 7 year old or someone with a 4th grade education.  Either way, you may want to take a break, sound it out and try to communicate in a clear and concise fashion that we can all understand.  You will probably find that you are taken more serious when you don't act like a child.  I'm sure that getting mad and losing your temper gets you nowhere but into more trouble.

  26. J Het says:

    I'm curious to know if anyone is filing a PCRA (Post Conviction Relief Act) for now having to register.  Would like to know, specifically if anyone is doing this that now has to register who didn't have to previously (those of us dealing with Corruption of the Morals of a Minor and whatever else now requires registration where it never did before).  Please advise if you or someone you know is actively pursuing.  Thanks !

    • B Free says:

      J Het,

      There have been numerous successful motions filed throughout the state. The most successful motion thus far has been the “breach of plea agreement” argument. In these cases, the defendant had clear proof that his or her plea was contingent upon not having to register. In most cases, the sentencing transcript was crucial, i.e., documented testimony that no-registration was a part of the plea. Of course the Commonwealth could appeal these and win, but these motions have been largely uncontested by the Commonwealth, probably because it’s such a strong, fair, and legally-based argument.

      As far as Corruption of Minors (1)(i), most probation departments have now conceded that this offense does not require registration under the new law.  Anyone who was ordered to register for this offense would have a good chance of winning if they filed the appropriate motion.

      As far as Corruption of Minors under the FORMER law (prior to December 6, 2010), I have not heard of any recent legal arguments. If someone was convicted of Corruption BEFORE it was broken into two subparagraphs (i and ii), AND was given an offense gravity score of 5 (which pertains to sexual in nature), then they may have to register pursuant to 9799.14(21).

      There have also been many successful motions pertaining to someone who has a sexually violent offense in his or her docket, but is not on probation for that offense, or another sexually violent offense. The legal consensus thus far has been that if a defendant is not on probation FOR a sexually violent offense, he or she shall not be required to register. That is, if a defendant was under supervision for a SVO, but the supervision period for the SVO expired prior to December 20, 2012, then the defendant should not be required to register.

      • J Het says:

        B Free – Thank you for this information.  I would like to know why it becomes OUR responsibility to spend THOUSANDS of dollars to fix a mistake that these people have made ?  In other words, I was charged with M1 – CMM.  6301 (A.) (1.) and nowhere did it say a word about whether it was i. or ii.  However, since it was a Misdemeanor, this AUTOMATICALLY makes it i. – Does it not ??  So, why should I, as a citizen have to pay THOUSANDS of dollars for them to fix a mistake that they made?  Ultimately all I care about is being successful and from keeping from having to register, but who is to say they won't retroactively change another law, appeal it, etc.  Our system is seriously flawed when the govt. has the ability to make us spend THOUSANDS of dollars fixing THEIR mistakes.

      • J Het says:

        B Free – Just curious as to whether or not you have heard any more information regarding the Corruption (A.) (1.) (i.) scenario that myself and several others are going through.  While I have seen registrations show up on the Megan's Law Website regarding Indescent Assualt, I have not seen any involving Corruption.  You mention "…if they filed the appropriate motions."  Could you expand on this and advise if you have any other information regarding this ?  Thanks !

        • B Free says:

          J Het,

          This is not legal advice – just a suggestion. The motion your attorney would need to file would be something along the lines of “Motion to Clarify Applicability of 42 Pa.C.S.A. Section 9799.13(2)”

          The request of the motion would be to have the judge order that you are not required to register pursuant to 42 Pa.C.S.A. Section 9799.13(2) because the offense for which you are under supervision does not meet the statutory requirements of Section 9799.14.

          • J Het says:

            Thanks, I understand about the "not giving legal advice."  I have already retained council but the suspense is killing me.  What you wrong is kind of just a fancy way of saying that the applicability does not apply to me since the Misdemeanor charge is not a registrable offense.  My question would be:  Do you know for certain any cases that have been successful doing this?  Also, I may be reading into it but I don't think I am…  If you look at 9799.14 (b.) (7.) – Reserved.  I'm willing to bet that when many of the appeals are successful, they are going to conveniently slip in 6301 (a.) (1.) (i.) With an offense Gravity Score of 5.  Thoughts ? 

          • B Free says:

            In Allegheny County, probation officers were given a “cheat sheet” that tells them which offenses do NOT require registration: Corruption (1)(i) is on it.

            Keep in mind, only those convicted of Corruption M1 under the new law, NOT THE FORMER LAW, were convicted of Corruption (1)(i).

            Gravity score issue: JK hit the nail on the head here: http://www.premierdefensegroup.com/blog/appealing-pennsylvanias-new-megans/#comment-584

            Corruption (1)(i) is NOT a sexual offense by any means. The statutory defintion precludes acts sexual in nature, and mandates those acts fall under (1)(ii). So I doubt they’ll be adding this offense to the list, in my opinion.
             

          • J Het says:

            The problem with my case is that there was never any mention of the (i.) or the (ii.) anywhere that I can see.  If you take things at face value, I was charged with an M1 which would lead one to believe that it was (i.) but it doesn't specifically point it out.  Does this mean anything or should this be implied since it was the M1, not the F3 ?

          • B Free says:

            No one has the (1)(i) on their sentencing order. Yes, it must be implied. Here is the amendment to the Corruption law, which changed the FORMER law to what it is currently.

            The amendment was approved October 7, 2010, but if you look on the last page, you will notice that is was to take effect in 60 days from that date, which was December 6, 2010. 

            So, if you were convicted of Corruption M1, on or after December 6, 2010, then you were convicted of (1)(i).

          • J Het says:

            I'm having a bit of a hard time understanding the Offense Gravity Score.  You are saying that if one was convicted of the M1 count of CMM after 12-6-10 that they should not have to register (correct?).  What if one was convicted of the M1 count and they listed it as an Offense Gravity Score of 5…  Would one then be registrable ?  Much of this is very confusing.  I see that the M1 (i.) count should carry an Offense Gravity Score of 4 while a F3 (ii.) count should carry 6.  Am I reading this right?  

            http://www.pacode.com/secure/data/204/chapter303/204_0303.pdf

             

          • B Free says:

            Wow they must have just updated that. Yes I see it was updated January 13. The F3 was not on there the last time I looked.  I wrote to a few people, maybe that helped. Let me look and I’ll post back.

          • B Free says:

            Ok. I’m really glad to see that they updated that. Again, I am not giving legal advice, but yes, that is correct. If you were convicted of 6301 on or after 12/6/2010, then you were convicted of 6301(i), which is not a registrable offense according to the new law.  Prior to 12/6/2010, 6301 did not contain the two subparapgraphs (i) and (ii). All acts, whether sexual in nature or not, fell under 6301. The difference was that the judge could impose an offense gravity score of 4 or 5 depending upon whether the acts were “when of sexual nature”. OGS-4 for non-sexual, and OGS-5 for sexual.

            Under the new law, the judge does not have that option because there are two distinct subparapgraphs that classify acts sexual in nature, and acts not sexual in nature. (ii) is OGS – 6, and (i) is OGS-4.

            If one was convicted of 6301 under the FORMER law (before 12/6/2010), he or she could have been given an OGS of 4 or 5. This does not apply to you if you were convicted under the new law. Your OGS would be 4.

             

          • J Het says:

            I'm glad I asked.  Is there a time limit for filing a motion to get the State to realize this error ?  This seems like it should be a slam dunk??

          • J Het says:

            B Free,

            I had one other question other than the time limit.  Is there a chance that they could have charged me with the M1 count with an OGS of 5 in December of 2011?  The way I'm understanding what I'm reading is that the OGS doesn't come into play any longer (after 12-6-10).  I have combed through literally hundreds of Tier 1 registrants on the website and have found many under CMM.  I have then looked up their offense info and their case on UJS.  While most of them seem to be before 12-6-10 (assuming they have an OGS of 5), there are a couple that look like my case.  However, it doesn't appear that they are fighing the ruling.  Please advise and thanks !

          • J Het says:

            Awaiting a response or some sort of update?  Hello?   I received a response from the ACLU.  It was pretty canned and generic but I guess it was a response.  They stated that they are waiting to hear from everyone before they make a determination before they decide to do anything.  For those of you that are "lurking" and can't take the 30 seconds to do what a bunch of us have been begging you to do, then please quit bitching because your inaction will lead you to the results that you are seeing, which amounts to NOTHING.

      • J Het says:

        Well, after all this time and almost $5,000 later, I finally have some sort of closure.  I received a letter from the State Police saying that I don't have to register.  This is all thanks to an inept County Probation Department misinterpreting a law.  I was unlawfully required to register with threats of further criminal prosecution even when I knew full well that it was wrong.  I should be able to go back and be reimbursed for the money that I wasted.  Why are these people allowed to wield seemingly unbridled power, even when I showed them in black and white that they were wrong.  There is something basically wrong with our system when this is allowed to go on.  Thanks to all for your guidance and input, it was very helpful.  For the rest of you, I sure hope that someone has the balls to fight this unlawful practice like our neighbors in OH and MD did.

  27. B Free says:

    Folks,

    If you wish to leave posts that reiterate information you've left on other posts herein (such as links and phone numbers), please just copy the link from the previous comment (the hyperlink for the date and time), and refer to it.  Thanks.

  28. Jem says:

    The haressment has already started. Ex is now screaming n yelling at me,going o for full custody. Not letting me see my own kids. Why because my bf who my children not even seen for 3 years is now listed online. Of course people don't  understand why someone is a teir 3 or that no new offense has happen. He thinks there has been if all the sudden he now has to register when he didn't before and he's a teir 3, lifetime. Must have been really bad crime, I'm lying to him etc. lifetime for 2 misdemeanor offenses. Has anyone noticed almost everyone on their is lifetime. That's a hell of a lot of wasted tax payer money in adm hours n lost wages for ppl having to comply with the outrageous requirements. Lifetime!! Yet murders get sententced to 5-10 years for killing someone then get to go on their merry way. This state, this country is no longer free. what crime have I committed that I'm labeled n harassed, I love a good man who made one mistake n will forever be condemned. 

  29. tom says:

    It is unconstitutional and a violation of my civil rights to alter my sentence..

    I was told at sentencing and as part of sentencing i was told that I do not need to registered.. and the SOAB board seen me in prison, and told me I do not need to registered at all..

    now i will have to register 4 times a year for the rest of my life for a first time offense were I will be under a lifetime registry..

    I pled guilty to one count of Indecent Assault, graded as a Misdemeanor of the 2nd Degree, and one count of Corruption of Minors-Corrupt The Morals of, graded as a Misdemeanor of the 1st Degree.

    I was sentenced: on Dec. 18, 2008
    I was sentenced to a State Correctional Institution for a period of not less than 24 months nor more than 60 months for one count of Indecent Assault, graded as a Misdemeanor of the 2nd degree and one count of Corruption of Minors-Corrupt The Morals of, graded as a Misdemeanor of the 1st degree

    I got out of prison on july-22-2012

    and I am in a sex offender class now to date:
    I will stay in a sex offender class, and I Will no longer have to go any more when am off parole.
    I will be off parole in dec 18-2013

    Now I'm being repunished.

  30. David says:

    Jem,

    You, are right in the way your thinking, it is a waste, I've had 2 home nurses refuse to come in to care for me, once they found out  and another was here when the sheriff came knocking at the door for the complience check <which> in the 8 years I have already did NOT once did they do that <NOW>  teir 3  they did it WELL <she> heard the sheriff say <sex offender complience sheck> and she freaked.  And shes no longer coming back…MY neighbors, <look> at me differently and one that use to help out every now and then ALWAYS has a excuse now…YOUR right seems everyone is a teir 3 now….I personally think THAT they designed it this way from…The first person that started this John Walsh clean down through to the people who enacted this new law…they probably sat and thought how just how can we make this MORE embarassing and shameful harassing to THESE kind of people.. <lets do it for the kids> attitude…AND they probably think this will generate more money BECAUSE the ones that can afford to spend the money will fight it..WELL I have news for them if everyone just donated $20.00 each month or even every 2 months we would have enough to pay a lawyer to fight this..seems like a small price to pay to get our lives back,

    http://www.reformsexoffenderlaws.org/

    Is a good place to start  as well as joining the ACLU an donating to them as well

    http://www.aclupa.org/

    Because between the two they can fight and win this, I joined both, Plus, we need to have a group that will travel to Harrisburg and stand up and say hey no more..And that is what it all boils down to, standing up and fighting for your rights. What they are hoping for is that sex offenders and their family and friends WON'T stand and will sit back and say SOMEONE else will do it, attitude will make this keep happening .

    So, now is the time to stand up and reclaim your rights and say no more we paid ur debt and did our punishment no more.

    Because it you don't stand up now, it will just keep getting worse, wait till the day comes when, they start herding sex offenders into a place and say this is where you can live and if you try to leave this area.. This is your store, hospital, bank, and so on..You can not be around anyone that is not a sex offender…Whoa, kinda sounds like prison all over again..BUT, thats the new law, we have now made it that if your a sex offender we now have a special place for you and ONLY you..

    So, I urge anyone reading this even if your not in Pa. please help stop this insane law.

    Thank you

  31. Holly says:

    What happened to Double Jeopardy in this country?? I think this change in the law breaks this due process for many. Good Luck to all of you. I will be fighting for my fiance who gets off probation in July but has to register Friday. 

    • Kimberly says:

      Miss Holly,

      There is a women's movement named WAR (Women Against Registry).  You can visit their website at: http://womenagainstregistry.org/

      They are helping the RSOL and ACLU fight registration laws.  Its a very worthwhile cause.

       

  32. Kevin says:

     

    I'm wondering if anyone has any advice on my situation…

     

    I am a registered sex offender from another state. I have been living in PA for two years and have been compliant with the former and current registration laws of both states. When I received my letter stating the effect of the new PA laws, I was classified as "tier pending" and told that I needed to report quarterly for life until I was given a tier. I am assuming that the process of giving me a tier will take some time if they are telling me to report quarterly for life. After looking through the PA statutes there is no mention of "tier pending" or the requirements of an individual who does not have a tier. Thus, the requirents that were stated in my letter must be an administrative decision and not law. If that is indeed the case, I would assume that the reporting requirements I was given are not enforceable. The law only states the reporting requirements for individuals who are tiered 1, 2, and 3. Am I safe to ignore the reporting requirements until I am given tier?

  33. Steve H PITTSBURGH PA says:

    Hello my name is Steve H I just recently got out of jail after 4 months i Was a manager for a resteraunt in the mall I was friendly with my employees nothing more we joked around and had a good time some of these kids   now adays have dirty minds and actions so when you joke with them as there joking with you the adult pays the price for being a friend now on to the  problum i was charged with F3 dissemination of minor F3 unlawful contact of minor F3 Criminal use of communication facility F3 Corruption of minor and  3 M2 Indecent assualts for incidental contact of a minor in the work place at most WORK PLACE SEXUAL harrasment if i were guilty now there was no evidence what so ever and the District attourney pleaded me down to 2 M3 disordally conducts and 1 M2 indeacent assault  wich is nothing more the supposedly slapping her ass now i have to Register on megans law for 15 years it will be nearly impossible for me to find a home or a job now over a few stupid misdomeaners that are commited by 99% of all people on a normal basis come on now i didnt rape no one nor did i touch her vagina or her tits what is this world comming to i am all for making someone who rapes a child register to the police so they know the where abouts of them but to let everone in the country know  is absurd you already lose alot of givin rights when commiting a crime of the felonious type but it says nothing about your right of privacy in the consitution i only think people who are convitcted of rape or stat rape or a violent sexual crime should have to report to the police in the area only for police records we dont have a murder registry when there is 1000 times more murderers then rapists when is someone gonna stand up for our rights oh we cant its an election year might lose votes ok how about this driving on a suspended licence is a misdomeanor and that crime is broken a thousand times aday it carries the same punishment as the crime i was convicted with how come they dont have to register to there are more people breaking that law then the laws i am convicted of come on america i now rape is bad and child molestation is bad but MURDER IS WORSE think about it wouldn't you rather know where someone who would kill your children lived worse

    • David says:

      Hi, Steve welcome to the world of SO this is all stupid, when they want votes they pick on sex offenders <SO> as it scares the public into voting for them and it makes their lies and bullshit hidden when they scream SO..and there should be a registry for murders DUI's theif's druggies, and so on…but then everyone would be on a registry and they could call if facebook LOL…but the only way we can combat this is to band together and stand up and say no more..

      I've put information on here in various posts so just search this website and find it..Not being mean…But

      The website mod's have posted not to keep posting the same info over and over and to put a link to that post in rather then to post it over and over.

      And since I'm not smart enough to figure out how to do that I'll jus tell ya to search and find it.

      And don't give up if we stand together

    • Kimberly says:

      Dear Steve,

      I want to tell you a story.  A young man serving in the Army, stationed on a military base in the US was partying with military friends and met a young civilian girl who claimed she was 18yrs old.  They had consensual sex one night and the young girls mom found out, contacted the service man's commanding officer and pushed to have him arrested and charged with rape of a minor.  The service man did not know she was only 16.  The girls mother refused to allow her to testify at the court martial because she would have said their encounter was consensual.  So, now you have a young man of 21yrs just beginning his life, who didn't know the actual age of the young girl, had consensual sex, was court martialed, sentence to 4+ yrs in Fortleavenworth prison, dishonorable discharge, felony record and has to register with sex ofender registry for life.

      "i only think people who are convitcted of rape or stat rape or a violent sexual crime should have to report to the police in the area only"—quote from Steve H

      No one should have to register. Period. 

       

  34. Isaak Michael says:

    To everyone affected by this unconustitutional law, lets get together and fight it.

    Thanks

  35. Mr.Q says:

     Signing petitions will help and  donating to RSOL (Nationalrsol.org) and contacting the local rep in pa.  It's the most sensible thing that we can do.

    reformpennsylvanialaws@yahoo.com

    His name is frank. It's going to be a long fight but it can be won. I recommend that everyone stay focused and don't give up. 

    • David says:

      I agree with Mr. Q….donate and contact Frank so we can band together…I HAVE GOOD NEWS, with our efforts to donate and also banding together… TODAY I was cntacted by the ACLU for additional information about my complaint…AND the woman told me that hundreds have called them to file complaints, and they are seriously looking into it as unconstitutional…

      And, like I told her I took a plea deal, and was on the 10 year registry, under old law,, how I am given farther punishment, BY SUBJECTING me to a life time supervision,

      Hence, Just like being on supervised release from the Fed's..

      MY ADVICE, is not only donate, but also join the ACLU as a member, and make calls to the ACLU, and instead of 100's lets make it 1000's calling and speaking up..

      I'm stressed in Pa. and went to heart doc's today and my at rest blood pressure is 189/110

      WoW

      • David says:

        Well, got a 3rd phone call from the ACLU American Civil Liberties Union and it look promising that they will do something about the New law in Pa. First 2 calls was from the Philly chapter and the call yesterday was from the Pittsburgh chapter, So guys and gals buckle down and call them and voice your concerns and complaints.. And if at all possible join them, as membership has its perks..

        Keep the faith my brothers and sisters and stay strong

  36. Kevin says:

    If this law is found to be constitutional after going through the appeal process, I wonder how the precident set by this retroactive change will affect future plea deals for any type of court case. If the state has shown that it can constitutionally change a nonpunitive condition (loss of voting rights, right to own a gun, registration, etc.) of a conviction retroactively then during the sentencing hearing of any plea deal I can see a valid argument from a defense attorney being that the defendant should incur a milder punishment because you never know what retroactive changes the defendant might be subjected to years down the road.

    No one would have thought this would be happening to them 10 years ago, but here we are aren't we?

  37. J Het says:

    B Free – I was wondering if you could chime in as to what (if anything) you have heard regarding whether or not those charged with 6301 (a.) (1.) (i.) – CMM – AFTER 12-6-10 that have been forced to register.  I am hearing mixed results from my lawyer.  They have been successful with some but not successful with others (when the cases are nearly identical).  You had mentioned that Allegheny County was telling their PO's not to register.  Anything to share about this ?  Thanks.

  38. Paid My Debt To Society says:

    I saw this posting on another blog dated 2/22/13… I wonder if it would effect registrants who went from 1o years to 15 as well.

    Hi everyone,

    I wanted to let the group know about the conversation I just had with my contact at the Defender Assoc. of Phila. She told me they are going to file petitions against the AWA on behalf of RSO's that fit certain criteria. The criteria is that the RSO was a 10 year registrant and is now a lifetime registrant or was not on Megan's Law before Dec. 20th and is now on one of the tiers. They are focusing on the contract clause part of the law. They sent the paperwork out in January. For anyone who wants to call the Defender Assoc. of Phila., the number is 215-568-3190.

    She also said they have been working with the ACLU about a civil case, but the ACLU would take the lead on that since the Defender Assoc. only deals with criminal cases. It would be a long time before we see anything in the courts. I just spoke with a someone from the ACLU today and they said the same thing. They are still in the research stages. I filed a complaint with them regarding my registration status due to the AWA and Megan's Law. They said over 100 people have done the same and I think everyone in the group should do the same, but of course it's up to you. You need to check their website to find your local chapter and call them to file a complaint or write a letter. http://www.aclupa.org/

    • David says:

      Hey, thats good news and I think Im going to call the def. assoc as well, and es the ACLU told me the same thing, in the 3 phone calls they called me for information about all this, 

  39. PJD says:

    I am currently preparing to file suit against the law in PA federal Court.  Should be filed by March 15.  Enough is enough.

  40. Darren Strong says:

    People should know that evrything about the megan law is unconstitutional,illegal uncivil and yes it is punitive and excessive punishment after the sentence.That law was meant to register offenders with a long history of offences not teen on teen convictions and i.e. megan law was a selfish law pass by enforcement groups for money purposes only its nothing in thier that can protect are prevent anything from happenning.what the law was invented for was predators real life predator not a person who has created a crime out of stupidity! i dont cadon of any crime,but to continue to let our law makers keep breaking the law and taking taxs payers money with these bullshit laws that dont amount to nothing but injustice we have to draw the line there.Now a class action law suit should be in order and appeals in every state flood the court rooms with justice for all

  41. B Free says:

    ATTENTION

    Everyone, Elizabeth Fiedler is a reporter for WHYY 90.9FM in Philadephia.

    She is interested in hearing your stories regarding how the registry has negatively affected your lives.

    Please email her at efiedler@whyy.org

    It's imperative that the public becomes properly educated about how punitive the registry is, and how broadly it is applied to people, without regard to the unnecessary detriment it causes those who do not pose a risk to society.

     

  42. Stacey F says:

    My husband took a plea back in 2003. He was scheduled to get off Megan's Law May of 2013 until we got a letter in the mail saying he will have to be on for life.  I have called several attorney's including the one we had when this all took place. My answer from all of them was "I have no clue what to do".. My husband has lost several jobs because of megan's law.. I am afraid our children will be punished as well because of this.  He has done everything he had to do and now they have ruined our lives by changing the laws and requiring him to go from 10yrs to lifetime.. I have done my own research and have noticed states not complying with the new act. Maryland was just a recent one to do so. Also I have been reading the constitution and from what I have read this law is considered unconstitutional!!! How was it even pasted to beging with?? I pray Pennsylvania opens their eyes and doesn't continue this law.

    • samantha l. says:

      Stacy,

      my husband is in the same situation. He is being released on parole with a plea that involved all misdemeanors and that kept him from registering that he took back like 06-07 he was forced to sign his paper to register or they will charge him with a felony. Now he can't use my address for but do long  for him to get into a shelter because I don't want to get evicted over this. We have a child together. And he has never had to register before this new act I have emailed sum people and he will too on Sunday when they release him but I'm assuming this will take a couple years to appeal 

      Sam 

  43. David says:

    Hi, Stacey

    I hate to say this Penn. already has the law in place it is now up to us to fight this and get that law changed or thrown out.

    Search the posts on here there is some websites and places to go to put your help to good use.

    The ACLU <american civil liberties union > is looking into it but thats it so far

  44. Jim says:

    so i just went in this morning to do my first tier 3 registration and im not sure if anyone knows but they now require to do DNA  samples by swabbing the cheek. i have in my almost 10 years of registering never done this at all. this is completely out of control. the state trooper doing this for me today said this process is completely unnecessary and even he couldnt believe what the state is doing. mine was only a follow up. he said if this was a new registration then it would be almost a 2 hour process. its completely a waste of time and money. i said to him wait until one of the lawmaker's sons gets in trouble and has to register and how quickly legistlation is introduced to repeal this and he agreed.

  45. Amber says:

    Hello everyone, 

       I was charged with indecent assult and interfering with child custody for something I did not even do but took a plea to just get things over with and stop causing stress for myself and others. They are now stating I have to register as a sex offender Teir 3 life time offender because I am on probation. I agreed with these charges because I did not have to register. I will now become homeless and jobless and will end up going to jail for not paying fines or child support. I just started getting my life in order and they threw this at us. I dont know where to turn. my life is over now because of this law. 

    • B Free says:

      Amber,

      Hang in there. It will take some time, but this law will eventually be reviewed by the PA Supreme Court, and potentially by the US Supreme Court.

      If you want to take action sooner, you might consider hiring a lawyer to fight based upon grounds that the new registration requirement violates your plea agreement.

      The following case would be a good place to start: http://caselaw.findlaw.com/pa-superior-court/1519466.html

    • David says:

      Hi, Amber

      Hang in there it will be rough for awhile but we will win this and you'll be better then before.

  46. Margie says:

    Hello,

    I am writing on behalf of my son who is on probation. His computer is monitered. He pled guilty to 3 counts of possession of child pornography back in 2010. My son is a lifetime registrant under the current Megan's Law and was also lifetime before Dec. 20th. The state police have taken the position that my son's 3 counts are the same as 3 convictions, even though those counts where listed on the same bill of information. At my son's sentencing hearing, both the judge and the ADA mentioned that my son would only have to be registered for 10 years. We have spoken to many lawyers who agree that counts are not the same thing as convictions. This issue has not been challenged in the courts so far, at least to our knowledge, but there must be many other RSO's in a similar situation. Any advice? Thanks for your help.

  47. Barb says:

    Can a person take the information from a Megan's law state run web site and post those they do not personally know on face book pages. We have on doing so in a small town in Pennsylvania. She clains it is to help protect our children, I think it is a weak excuse since many know about this web site and all she needed to do it to post the web site name. Not post pictures and such for people to comment on and even asing the offender to defend themselves. Face book does not allow sex offenders to have a face book page. So I feel she just wants them to get introuble.

    • Jim says:

      Barb,

      No she is not allowed to do that. She can get in serious trouble for posting that information without the state's consent regardless whether or not she feels its to protect the children. This person should be reported immmediately to the police. It says specifically on the megans law website that no information displayed there may be used outside of the website for any purpose. She is completely out of line. Those offenders who are not subject to community notification (i.e. tier 1 or 2) are basically having their rights violated by this person. You need to stand up and report this person to your local state police department so they can deal with her.

      • Kevin says:

        I agree that what this woman is doing is in violation of the terms and conditions of Megan's Law website. However, I think the best course of action is to inform her that what she's doing is wrong and request that she read the terms and conditions. If she still insists upon misusing the information then get the police involved. As angry as we all may be, hypocrisy is not the answer. We need to act with levelheadedness, rationality, and forgiveness as that is how we want others to treat us. We need to be the bigger person. The best payback is to show them you are more humane than they are. 

        • Jim says:

          Kevin,

          I completely understand what you are saying in that Barb should be the more responsible and say something to her first. However, it seems clear that this person has all intentions out outing people for her own satisfaction so she can feel safer. The only thing is that is not how it is supposed to work. My issue with it is that this person had to have read the warning on the megan's law website before she acquired any information and clearly violated the terms and conditions set forth by the megans law division of the state police and by posting what Barb said this person posted is a clear cut violation. I have a feeling that if Barb says something to this person that she will turn around and say that its for the well-being of the children in the community. The police do need to be involved in this because if someone this woman is posting about is a tier 1 or 2 and not subject to community notification but she is doing it then that also violates the sex offender's terms of judgement.

          • Kevin says:

            I more or less suggested that she try to take care of it without police intervention for the sake of formality. I'm 90% sure the woman is either out to ruin lives or has deluded herself into believing that every sex offender is out to get her kids. It simply looks better to the police and/or in court to say, "I tried to tell her."

          • Jim says:

            Kevin,

            Trust me i completely agree with you that Bard should say something to her first before she takes any action. This woman clearly thinks she is judge/jury with what she is doing and its wrong. And your right, if Barb says something to her and she doesnt do anything, then Barb can say i tried. Barb, what you should do is go on the pages where she has posted the information and screen-shot them so this way if the authorities are involved, you have the evidence showing she did do it in case she tries to take it down.

    • Jim says:

      furthermore if she is posting this information on her facebook page then she is in clear violation of fb's terms and conditions because it says that no person shall publish any information about any individual without their consent.

      • Kevin says:

        Check out this article:

        http://www.huffingtonpost.com/2013/03/29/sex-offender-lawsuit-extortion_n_2963999.html

        'A digital media lawyer, who is unconnected with the case but reviewed the complaint for HuffPost, said the websites are probably in the clear for publishing personal information — even if a person no longer is required to register as an offender or has no record at all.

        "There's no right to be forgotten in the United States," said Jeffrey Hermes, director of the Digital Media Law Project at Harvard University. "As long as the information they [the websites] contain is accurate, it shouldn't matter."'

         

        If this media expert is correct, the woman may be in the clear as long as her aim is not to harass or cause harassment. However, she's probably violating Facebook's terms and conditions as you have stated. Accuracy of the information that she posts is extremely important. If she were to use the word 'pedophile' to describe anyone not officially diagnosed as one, I would imagine that could be considered slander and a civil lawsuit could be presued.

        • Kevin says:

          I just discovered that being called a pedophile is not a slanderous statement if the general public already believes an individual is one. If someone makes a false statement about an individual there is no harm to his reputation if he had a poor reputation to begin with (in regards to the false statement). You would have to show a quantifiable loss (income, etc.) that is directly related to the false statement in order to collect damages. 

  48. Jim says:

    Copied exactly from PA's Megan's Law website..  what she is doing is in clear violation

     

     

    Welcome to the Pennsylvania State Police Megan's Law Website
     

    WARNING

    Any person who uses the information contained herein to threaten, intimidate, or harass the registrant or their family, or who otherwise misuses this information, may be subject to criminal prosecution or civil liability.

    Click on the appropriate button below to indicate if you understand and accept the information contained on this entire page and agree to abide by the laws of the Commonwealth of Pennsylvania.

  49. Stephanie says:

    My husband, in a drunken black out, kissed and rubbed a girls calf and touched her butt OVER clothing while she was asleep.  The girl woke up told him to leave and he did.  No skin was touched and all clothing remained intact WITHOUT attempt to remove.  Long story short he plead no contest (or the legal term) and was sentenced to 23 months probation and 10 yr megans law…NO restrictions on his time with his children, which was NOT the "victim".  Well due to the age of the child and the new effect of megans law he is now required to register every 3 months for the rest of his life.  YES he was wrong!  I don't dispute that but now after all the court crap is over and the wonderful sex offender treatment he has to do he is threatened weekly that they are going to rip him out of the home because they believe he is lying in group but nothing but their thoughts.  How can they do this?!  CYS says there is no harm or threat in the home but the therapist say "if they were sleeping you'll never know".  Not only that but our 12 yr old is being harrassed at school by kids saying "your dad is a rapist".  I too agree that people that do the horrific things to kids and other adults SHOULD be on the website but come on!  My kids and I are treated like we did something wrong and my husband, just because he is on megan's law website, is ostricized, shunned and can't find a job.  What is there we can do?  Can anyone help?

    • B Free says:

      Stephanie,

      First of all I am sorry for the difficulties that you and your husband are enduring. Although there is little short-term relief available for you, I want to let you know that it is very important for people experiencing such issues to share their stories. Ultimately, when the new law is reviewed by the Supreme Court, it is these stories that will give defense attorneys the ammunition to show that the effects of these laws are indeed punitive.

       

  50. B Free says:

    All, there was a recent ruling in Allegheny County that stated 1) Corruption of Minors, regardless of when the conviction was, does not require registration under the new law UNLESS it was (ii), the Felony 3; and 2) simply having a sexually violent offense in the same active docket does NOT require registration – the defendant must have been under supervision on or after December 20, 2012 FOR that sexually violent offense, or another sexually violent offense. 

    This ruling will not automatically help anyone, but can be referenced to if you hire a lawyer and go before the judge.

    • Bernie says:

      ty B Free will help alot of us i'm sure

    • B Free says:

      There was also a ruling in Westmoreland County that requiring one to register when his or her plea was negotiated on the premise that registration would not be required violates the plea agreement:

      “The Defendant is not required to register as a sex offender under Act 111 or 2011, 42 Pa. C. S. A. Sec. 9799 et. Seq., also known as Pennsylvania SORNA. Application of the statute to the Defendant violates due process of law, fundamental fairness, and provisions of the negotiated plea agreement entered into between the Defendant and the government. It would also destroy the process of negotiated plea agreements essential to the efficient disposition of criminal cases in Westmoreland County.”

      • Jim says:

        B Free..  question for ya.  I took a plea deal in ohio and was given a 10 yr  registration. living in pa i was still on 10 yrs and now changed to lifetime. even though my plea deal was in ohio, isnt pa now violating the terms of my deal by making me register lifetime?

        • B Free says:

          Jim,

          That certainly has a unique twist and level of complexity. Quite frankly I do not know what to say. The cases that I have learned of so far in PA have been where the defendant could prove that his or her plea agreement was contingent upon not having to register. As far as the length of registration being increased, I have not heard of any such cases where the judge has deemed this a violation of plea contract. I’m not saying that it is not – I just haven’t heard of any such cases yet. Do you have the transcript of your plea by chance, and if so, were there statements made regarding the fact that you would not have to register?

          • Jim says:

            B Free,

            Yes i have the original judgement papers and everything. What i was charged with was an F5 (felony in the 5th degree.. the least felony). It came with a 25 yr registration. We pled it down to an M1 and only 10 years registration. i started my registration in 2004. It wasnt a question of if i had to register or not, it was the length of time. It was agreed upon by both parties that due to the non-severity of the incident that I be given the much lesser penalty.

          • B Free says:

            Jim,

            I’m not sure what to say due to the multi-jurisdictional issue. Ohio did not breach the contract – PA did. I guess your argument would go to the PA court. See http://www.premierdefensegroup.com/blog/pa-house-bill-75-sex-offender-registration-laws-2012/#comment-1275 for some relevant cases to read regarding breach of plea agreement.

            Although you were already required to register, the agreement was clearly conditional: 10 years of registration, not 25, and certainly not lifetime.

          • Jim says:

            B Free,

            i have found out something very interesting pertaining to my issue. in addition to PA violating many consitutional rights of people by enacting the new SORNA, the state has also violated another one pertaining to me. Its called the Full Faith and Credit Clause — Article IV Section 1 of the Constitution that states that a judgement given in one state must be upheld and recognized by all states and can not be altered unless from judgement state. therefore since my judgement in ohio was for 10 years, PA has no legal authority at all what-so-ever to change my registration requirements. they argue that because im living in PA that i have to abide by their laws. well that is simply not true in this case. my particular charge i was charged with is not on the PA statue laws and so what they did was instead of deferring to what the Ohio judgement was they took it upon themselves to give me a new charge that is completely unrelated to what i pled to and slapped me with lifetime registration. the lawyer i talked to the other day was simply blown away by this and had no words for what they did. he said to me that this is a very clear open and shut case and that there is no way the state can argue it.

            what gets me is PA changed my minor offense in Ohio which was just talking to someone online under 16 to statutory sexual assault.. like wtf really!?!?!! that charged is reserved for only sexual violent predators which i am not. so what the state of PA did was give me a violent predator charge but couldnt change me to violent predator and kept me at offender. there is no such thing as a tier 3 statutory sexual predator offender anywhere in the new law. only for violent predators. they have manipulated the system so much to keep me registered its unbelievable.

  51. joanne m pritchard says:

    My husband, Stephen M Pritchard is on Megans for 10 yrs.  He was put on now for life.  Due to the amendenments that were written by the President.  This was done expo facto against his civil liberities and his individual civil rights.  He is a great person he made a mistake once and now he is labled.  what the court does not know is that the victim appoligized to him via phone for her inablility with people and her drug use on him.  this was all put there by the mother.  He is a fine employee and worker he pays his taxes and is a loveing person.  please have some one help me plea his case in washington to have him and people like him go back to his original plea.  thank you for you time Joanne M Pritchard

  52. B Dog says:

    Hello I have a couple of questions, I was released from probation 1999 after being convicted of sex assaud on a child in another state, I moved to pa in 1999 and was never required to regester untill 2002 for some reason, makes no sense to me a detective showed up on my door step in 2002 and said I had to regester with the PSP, I took a plea deal and was suposed to be able to have my record expunged but my PO stated they knew nothing of the expungment.  Anyway sense I was not on probation in 2012 or in jail does this mean I don't have to regester? I was given the un lucky number tier 2 because PA's definition of my lable is Indecent assault, I dated a girl and yes had sex with that lied about there age, I was supossed to be off the regestry november of this year but thats not going to happen yet anyway. Has everyone on here signed the potition on http://www.gopotitions.com  type in the serch bar Revok Adam Walsh Act or just type Adam Walsh and it will come up,  Thanks for any help.

  53. Steve B. says:

    Federal AWA states Tier 1 "clean record" after 10 years can have the additional 5 years taken off.  Was told by PSP that PA will not give that 5 year credit for clean record.  Anyone know if this is being challenged?  It would affect all Tier1 that have a clean record during their 10 years.  Also is the AWA being challenged in court yet?

    Thanks for any assistance.

    • David says:

      Could you possibly post a link where you say that about federal tier levels, I'd like to read up on them

      Thanks

      • Michael says:

        Neglecting to include the 5 year "good time credit"…  I saw that, shook my head, and am wondering if any State Rep is willing to draft Legislation to modify and add this clause.

         

        My Sentencing Order is Written, Black and White, signed by the Judge "He must register immediately upon release on Probation or Parole with the PA State Police for ten (10) years from Release." 

         

        The addition of the "Good Time Credit" will save me court time in 6-1/2 years when I plan on challenging the Violation of my Sentencing Order.

  54. Steve B. says:

    http://www.justice.gov/olp/pdf/adam_walsh_act.pdf

    Here is the link.  It is on page 9.  It also is a clean record for Tier 3.  If they are clean for 25 years they would not be on for life.

    • David says:

      Hi, I have a question, these compliance checks the sheriff and police do are they really legal?? Doesn't it violate some type of amendment??

      As It ruined a working relationship with me an my home health aide when the sheriff out of the blue showed up claoming to be doing a compliance check.

      If I register with the PSP isn't that the only compliance check that I really need to be doing since being switched from the old megans law to this new BS law and teir III BS.

      Anyone KNOW? Please any legal advice, violation of my rights, any claoms for a class action suit?

      Anything…?

  55. Daisy says:

    Hello All:

    I usually just lurk in the shadows and read the posts of others, but I felt compelled to post today.  It seems like the right time to finally voice my thoughts.  I feel so overwhelmed with frustration and sadness about SORNA and the damage that is has caused so many people, yet I also feel somewhat hopeful and I believe that my story can be a source of positivity to many of you.

    My husband (I'll call him "Alan") was convicted of downloading child pornography when he was 25 years old.  It has now been nine years and we were looking forward to the tenth year, beginning this summer, which we coined "Freedom Year."  In December, we received a letter from the PSP that he would have to register for 15 years total, pushing our Freedom Year to 2019.  This was a huge blow to us.  Another five years?  He will be 40 then.  When could our lives really begin?  When we're too old to really get out and enjoy it?

    Life has been hell for the past 10 years and I don't quite know how we made it.  But we're still together and stronger than ever.  In fact, this whole ordeal has brought us closer together and solidified our trust with each other.  I know that Alan is a good person, just as many of you whose loved ones are on the list know that they are good people, too.  Maybe they made a stupid mistake — a really stupid mistake.  And maybe they should have known better or maybe they just didn't realize the severity of whatever they did… but, ultimately, they are still good people.  The list, in my opinion, helps to bring a sense of negative reinforcement to a registrant; that is, it is a constant reminder to the person that they are a worthless criminal who has nothing to offer society, thus potentially helping to perpetuate negative thoughts and actions (crime breeds crime). 

    I want to tell you that people on the list are NOT worthless criminals.  They should not be “sent to an island where they can all rape each other,” as a heartless and uncompassionate woman wrote on another website.  Everyone has value to their life.  My Alan went to school and received an Associates degree just last year.  He graduated with a perfect GPA and was part of several clubs and student organizations.  This may not seem like a giant accomplishment compared to, say, receiving a doctorate, but the point is that Alan set out to accomplish a goal in the face of all of his hardships and walls that were built around him.  And he did it.  It was hard, but he did it.  And guess what?  He has a great job now.  It took him many months to find one, but he was able to network with others to obtain an interview for a position.  He was always up front with his record with his interviewer and he came with outstanding references.  This is how he is now a gainfully employed sex offender, which is something we never, ever, EVER thought would be possible.  How many nights were spent awake, pondering the true possibilities of his future, pondering the naked reality that faced both of us?  He has a criminal record.  And the worst possible label anyone could have: “Sex Offender.”  But we faced the hurdles and we jumped over them.  You can, too.  It was difficult and it remains difficult, but our days and nights are not filled with constant worry about our future now.  We now wonder where we would like to live and we think about starting a family.

    This sort of thing can happen to anyone.  Alan was working on a Bachelor’s degree when he was convicted in 2004.  I had received my Bachelor’s and planned to go back for a Master’s.  It was a tough journey and I don’t know how I did it, but I’ll finally be receiving my Master’s this year.  And I now work for the Commonwealth of Pennsylvania at a pretty good job.  I certainly wouldn’t think of telling a soul at work that Alan is on the list — it does continue to be a source of anxiety for me as I worry that someone will find out and I’ll be conveniently let go from my position.  I tell you this because I am a normal person — just like you.  Normal people can make stupidly huge mistakes.  And we both paid for it.  You would never, ever know to look at me that I deal with this issue and that it has consumed so much of my life.  You would never know to look at me that behind the façade of my happy face lies fear-filled eyes and a despondency that I thought would never go away.  And, unfortunately, I suspect that it never truly will.  But I can deal with it as you can, too.  We have to support each other.

    Just keep your chin up and do good things in your life – despite how worthless your conviction makes you feel or how much your Probation Office degrades you and tries to convince you that you’re a disgusting pedophile.

    Here are some pointers that could be helpful to you.  Some are ones that I wish I had known earlier:

    - Keep your nose clean.  That is, don’t reinforce anyone’s suspicions by being a weirdo if you’ve been convicted of being a weirdo.  Be a good person and people will recognize this.  It was helpful to Alan to get involved with his school and confide in only a few people.  These people ended up serving as references for him when he went job hunting. 

    - Take the ABEL exam.  This can help prove to therapists that you don’t have a penchant for children.  If you do have a penchant for children, then make sure you’re getting help.

    - Take out a loan to pay for a good lawyer if you need one.  If we had done this when Alan was first convicted, then it is highly possible that we wouldn’t be in this mess.  But, then again, as Alan likes to point out, he wouldn’t be the person he is today and wouldn’t have learned his lesson.

    - If you have young boys, have the sex talk with them.  So many young men are going to go to prison because porn is available to them and they’re going to look up porn of girls their age.  It doesn’t matter if the boys are under 18 and the porn they’re looking at is under 18.  It still makes them a Sex Offender.  It’s a bit extreme, if you ask me.  Let them know of the dire consequences that they may face.  Save your young men and save yourselves from heartache.  Please.

    - If you have young girls, have the sex talk with them, too.  Let them know that there are consequences for being promiscuous at a young age and for sharing photos of themselves.  Girls can be sex offenders, too!

    - If you’re on the straight and narrow, and have been so for many years, think about applying for a Pardon with the state (Google: PA Board of Pardons).  Gov. Corbett may not grant pardons to SOs, but it does take a few years for the whole process — it could be two to three years.  If you apply now, a new administration may be in place by the time your application is heard and they may look upon SO crimes differently than the current conservative one.  It never hurts to try.  We tried once and were turned down, but we will be trying again.

    - As for SORNA, keep fighting it.  File a complaint with the ACLU.  Sign petitions.  Give money to help the cause.  We gave some money to the Scarlet Letter Project (I believe that’s the name).  Just a few bucks can help.  SORNA is punitive.  I can’t imagine a worse punishment than the shaming and humiliation caused by a public registry (both to registrant and family members!).

    Feel free to email me (link in my username) if you have questions.  I know this was not as on-topic as rest of the thread is and does not relate so much to SORNA, but I still hope this was helpful.

     

    Daisy

    Southwest PA

     

  56. Paid My Debt To Society says:

    Posted April 26, 2013

    National RSOL's Legal Action Project and PA No More Labels are hosting a telephone conference for those in PA affected by the new SORN laws there. It will be on May 3rd beginning at 7 p.m. eastern time. The call in number is 530.881.1400 and the access code is 957605#.

     

    • David says:

      The below link is another stupid law that our power hungry representives are trying to do so as to drum up votes to keep themselves in office.

      Watch the newscast and see how stupid it sounds they are trying or going to pass a law making it mandatory to bus the kids to school if a sexually violent predator then they changed it to sex offender lives in the area.

      Watch and enjoy.!!

      http://www.wjactv.com/s/6-news-archived-newscasts/

  57. jen says:

    MY BOYFRIEND IS WAITING TO BE SENTENCED IN JULY FOR A CRIME HE DIDNT COMMIT . HE WAS CHARGED WITH CORRUPTION OF MINORS AND IND ASSLT LESS THAN 13 YEARS OF AGE NOW THIS SUPPOSLY HAPPENED IN 04 AND HE HAD EVIDENCE PROVING THAT HE DIDNT DO IT AND THE KID HAD CHANGED HIS STORY NOW SHOULDENT HE BE SENTENCED  ACCORDING TO THE LAWS BACK IN 04? 

  58. Paid My Debt To Society says:

    What does this mean for those of us who have had our registration requirements retroactively elongated.

    http://www.mattmangino.com/2013/06/supreme-court-retroactive-application.html

    Thursday, June 13, 2013

    Supreme Court: Retroactive application of sentencing guidelines violates ex post facto

     

    A divided Supreme Court ruled Monday that tougher sentencing guidelines passed after someone commits a crime cannot be used to justify a longer sentence for the defendant, reported the Washington Post.

    The court ruled 5 to 4 that such a change would violate the Constitution’s prohibition against enacting laws that retroactively make an action illegal or call for greater punishment.

    Even though the federal sentence guidelines are advisory, not binding the analysis is the same, wrote Justice Sonia Sotomayor. She said the range of sentencing options contained in the guidelines “is intended to, and usually does, exert controlling influence on the sentence that the court will impose.”

    Federal sentencing guidelines originally were enacted to be binding. But the court ruled in 2005 that that ran afoul of the Constitution. The remedy was to make them advisory. But Sotomayor said the guidelines still carry enormous weight.

    “That a district court may ultimately sentence a given defendant outside the guidelines range does not deprive the guidelines of force as the framework for sentencing,” Sotomayor wrote.

    “Indeed, the rule that an incorrect guidelines calculation” can be reason for appeal “ensures that they remain the starting point for every sentencing calculation in the federal system.”

    The court rejected the government’s position that because the guidelines did not carry the legal effect of a “law,” they do not violate the ex post facto clause.

  59. joseph p says:

    I took a plea in Massachusetts at the age of 18 for agg rape, unarmed robbery and assault w/deadly weapon.  I was sentenced to two 8 to 10 and one 12 to 20 years incarceration.  I received parole on or about Dec of 2003 but was finally released interstate compact to Ohio in October of 2004.  I was initially required to register as a tier one for 10 years, then 20 and finally life.  When does it end?  Why are people like me continually denied due process of law.  In addition, I have been threatened threatened and ostracized by the communities I live in.  Even to the extent that someone came onto the property that I lived at and threatened to kill everyone there and that they would make sure I was ousted from the town I was living in.  I had him arrested but though I believe he spent some time in jail for threats etc…the district attorney's office did not make a federal case about it.  In other words they kept it hush hush concerning the targeting of someone on the sex offender registry here in pennsylvania.  I have had three cardiac procedures, anxiety attacks etc…  I take lots of medication and do therapy.  I have even submitted to the ACLU for help.  I suffer depression, anxiety, lack of sleep, bad dreams and to be honest…never feel safe.  I am happy to see that the people with the finances are able to push the legal issues and hope that I am able to do the same upon being granted disability.

    • B Free says:

      Joseph,

      Are you aware that Ohio ruled retroactive application of its sex offender laws in unconstituional? 

      • Jim says:

        well Oklahoma Supreme Court just ruled that Oklahoma's SORA amendments violates ex post facto and they have been declared unconsititutional

  60. Andrew T says:

    My lawyer and I just successfully argued in PA and received an order from a judge stating that non-registration was a key part in my plea negotiotiations and that I should NOT have to register.   Currently, all we have is an order from the Judge stating this and it is not being forwarded to the PA State Police in Harrisburg.  I will keep people updated as to the outcome.   If successful I will post my lawyers information here for all to use.

    • Andrew T says:

      My apologies – IT IS BEING FORWARDED TO PA STATE POLICE.

    • Jim says:

      did your lawyer win successfully by arguing the change in you having to register violated Contract Law?

    • Jim says:

      if this holds then you i believe are the first person to challenge the retroactivity application of this BS law and have it overturned. the lawyer i have been in contact with currently has 2 cases in state supreme court challenging the very same thing you went for. is there a way you could provide some details so i could pass them along to him? it would help his case and the thousands of other people in your same position? if you do not want to post them and instead email them to me that would be fine as well. but i think letting him know that a victory in this would help tremendously.

      • Andrew T says:

        I was successful in removing myself from the Registry. 

        My lawyer's name is Phil Lauer. His number is 610-258-5329.

        • Jim says:

          Andrew that is great! what happened? what did your lawyer argue and what ultimately won your case? huge victory!

  61. Tonya S says:

    Andrew T,

    Congrats!! I am very happy for you. If you don't mind can you please send me some info on how I can contact your lawyer?…..My husband was falsely accused by his ex and wrongfully convicted and is now placed on Megan's Law retroactively. We could definitely use your help. If you could send the info to my email: tonyalove2013@yahoo.com  …it would be much appreciated. Your story gives me hope.

    Thanks & God Bless

  62. Kevin says:

    Anyone have an opinion on whether the Kansas appeal will hold (retroactive lengthening of registration)?

    http://www.kansascity.com/2013/07/18/4352857/kansas-will-appeal-sex-offender.html

    The reason Doe won his appeal is because the judge agreed that the registration requirements in Kansas are more burdensome than those discussed in Smith v Doe (Alaska). He concluded that sex offender registration had become punitive since the incorporation of Kansas' version of SORNA.

    http://www.shawneecourt.org/DocumentCenter/View/461

    Kansas' registration are indeed very burdensome, more so than in PA (quarterly in person reporting, marked drivers license, social media friendly registry websites, etc.). I worry that when it comes time for an appeal in PA, it may not happen because the registrants in Kansas had it worse than we do. The requirements in PA probably fall somewhere in between those discussed in Smith v Doe and in Kansas. 

    • Jim says:

      heres the thing.. regardless of whether or not which states have imposed more or less in their implimentation of SORNA, the retroactivity aspect of it is still against the law however you look at it. When an individual signs a plea agreement with the state it is a binding contract and just like any other contract it can not be altered by a future law that is made. I have said this before.. i have no problem with states enacting tougher laws regarding SORNA to comply. I do however have a problem with states thinking they can bypass Contract Law simply because they want to feel better about themselves. That is not how the law works. Making an individual who has never registered before register now for an incident that happened many many years ago is outrageous. There are many many people in PA who were just days away.. even some that were 1 day away from being done registering  who now have to register for life. Its unfair and against the law. There are people here in PA who had just gotten released from registering who were told 'nope sorry you have to go back on for life now'

      So it doesnt matter which state has the lesser penalties when it comes to registering. What matters is the fact that an individual who was given a term to register in a signed contract in a court of law now has that extended because the law changed is illegal and the lawmakers who have put their thumb and nose up to the faces of these people should be arrested because they are breaking the law themselves.

      Oh and i love their justification for it.. oh we want everyone to feel safer…  you are so full of crap!  watch what happens one day when one the the lawmakers sons or daughters get caught up in this law. they will proposition it to be changed sooo fast.

      • Kevin says:

        I totally agree with you; retroactive registration is unconstitutional. You know it and I know it. The only problem is the rest of the country either doesn't agree or refuses to aknowledge it. Unfortunately, it's the rest of the country that make the decisions that affect us. Change isn't going to happen overnight. People aren't going to wake up one day and say, "Holy crap! What we were doing to these people was wrong." It doesn't matter if it's a victory through contract law or constitutional law, it's all about making people understand just how unjust these laws are one person at a time. Hopefully a few judges (and eventually legislators) wil be converted along the way. Fortunately, that seems to be the case in a few places: Kansas, Ohio, Maryland, etc. The biggest challenge ahead are the elected officials that make the laws. For them, re-election is far more important than making morally sound decisions or upholding the values set forth in the constitution.

        • Jim says:

          and that is where-in the problem lies.. the elected officials who think they are doing the right thing just to appease the "fears" of people. when in reality these morons are changing the lives of many many people. they think it will get them re-elected. oh i know that it wont happen overnight. however we have had a small victory with the guy who posted above and thats a first step. the lawyer i spoke with has 2 cases in the state supreme court who is using the same defense as what was used in Ohio and other states that the retroactivity violates Contract law and Constitutional law. What is ironic is the US Supreme Court a while back said the retroactivity is ok but then the first week of july they said any law that changes a person's judgement is illegal. so they basically contradicted themselves..

  63. Kevin says:

    From my experience, the government can chose to enforce whatever contracts it wants to. I was sentenced (for an offense in another, non-SORNA state) in a very rural county. The judge and prosecutor had never prosecuted a sex offense before. They believed (misinterpreted the statue) that registration was up to the judge's discretion for my offense. In my sentencing documents the judge specifically ordered that I did NOT have to register. A few months later I get a letter from the state attorney general saying that the judge was wrong and could not issue such an order. It was explained to me that judges make errors all the time (like sentencing someone for less than the minimum sentence as defined in the statute) and I just had to deal with it.

  64. Jim says:

    Right i understand what you mean. But the fact of the matter is by law a contract can not be altered just because someone doesnt think its correct. if that were the case you would see contracts broken all over the place. if the government had a right to alter any contract if sees fit then this country would be in chaos. contract law was written specificially so that its considered illegal if it is altered in any way without both parties agreeing to the changes.

    • Kevin says:

      If the courts decide (across the board) that the state violated plea agreements by forcing individuals to register, I wonder if it is possible to have the original conviction vacated because of the breach of the plea deal. For some who's offence was years ago and did not involve a child, the statue of limitations may have passed and they could not be retried for the crime. I realize the "easy way out" for the state is to just take the individual off the registry, but once you're on there the damage has been done. Once something's on the Internet it's there forever in one way or another.

      • Roseann says:

        This is for my recent post about my boyfreind who was made to sign for megans law in prison before release even though he never had it                If anyone can help please email me at rosieone50@gmail.com

  65. Roseann says:

    My boyfreind was in prison for 80 months for a solicitation to commit rape charges and illegal use of a communication facility he maxed out his sentence and is now on 5 years probation. A month before release he was forced to sign for megans law and he was convicted in 2003  at the time of this forced signing 2010 ,he was told to sign or face felony charges and arrest by the state police where he was .he had no choice but to sign at the time even though he had his certified copies of the sentencing  that stated NO MEGANS LAW  in these documents . after getting released and again being told by his PO to go register he did. He got his old lawyer to go back into court due to errors in his records and sentence and the actual charges beause the prison kept saying he raped  a woman and two children when in fact he never met anyone and the prison mixed his records with someone elses so  the parole board maxed him out because he wouldnt admit to these false and errors in his record even though my boyfreing wrote the courts and tried to get this corrected. The outcome of the court did not change anything with the state supervised probation he has. His restrictions are as one who has an actual victim , so they say his son is a victim  but no mention of his son or any victims in his case  with the law change he was 10 years megans law  but is now lifetime . and has to register 4 times a year  .   we have tried to find someone to help get this megans law off of him but financially we cannot do that . I beleive this would be a great case to take to court due to the no megans law  in his records in 2003  before these changes took place This new law and his registration by that prison in 2010 was illegal in my opinion Lawyers have told us the prison could be held accountable for there actions .Also there is something with his case where these corrections of  records have supposedly changed his status of having probation to having none at all now but even after checking the court records we cant figure it out and have no one to help us If anyone knows of someone who can help please email me              Thank you

     

  66. phyllis says:

    My son was picked up on a probation violation in Pa in 2011. He spent 20 months in county prison due to all kinds of errors, considering his original sentence was 90 days in prison in 2005. He never had to register for the original charge of indesent assault/coruption of minors. He full filled the indescent assault and the violation was on coruptiono of minors M1. It was not a violent sexual crime, but before they released him, the county prison told him he had to register for Megans Law. I understood it only if it was a violent crime or a felony. Is it different in Pa? Please help? Phyllis

    • B Free says:

      Phyllis,

      On December 20, 2012, was your son on probation, parole, or incarcerated? If so, for what offense?

      • phyllis says:

        yes he was incarcerated from a probation violation because he was not financially able to pay for those classes that was part of his probation. She gave him an additional 5 years probation. His charge was coruption of minors Misdemeanor 1. Everything I was reading on the meagans law/adam walsh law all either said violent sexual crimes or felonys. County originally told he he didni't have to register, but when he was released, the county said they would register him as a precaution? There were so many issues with that local jail,as I said , he sat there for 20 months because of error after error. They originally had him  being sent to state prison because the clerk of courts checked off the wrong box on the sentencing sheet. His home plan was denied and neither of us was notified as to why. It was one thing after another. Maybe I'm not interpreting the law correctly. If he or I would of had been able to hire an attorney I know this whole situation would of never happened, but thats water under the bridge. So do M1 coruption of minors have to register in Pa?

      • phyllis says:

        He wasn't recharged for that crime. He was in for a probation violation and was resentenced to another 5 years probation.

         

         

        • B Free says:

          Phyllis,

          Corruption of Minors M1 was never an offense that required registration in PA. Based upon the changes made to PA law in December of 2012, some courts have concluded that it now requires registration, while others have concluded that it still does not. In reading the new law, there is no indication that this offense requires registration, but until the Superior Court weighs in on this disagreement amongst district courts, you will receive varying opinions and lower-court rulings. This is certainly an issue for a criminal defense attorney to handle.

           

          • phyllis says:

            How does one fight it if they cannot hire an attorney? the public defenders did nothing for him. The first one actually embezzled money from his clients,so he has his own problems now! I couldn't get the second one to even go to the prison and talk to my son and look into why he was sitting there for so long. I was the one doing the research all the time to find answers. He certainly was mis represented by that public defender. The whole thing comes downn to if you have $$ to hire a good attorney, he would of never even got to prison. they would of seen right thru the motives of this girl. To call the police a year later to find out how to become emancipated from your parents and when asked if she was abused and she says oh once by my half brother. and to try another person 6 months prior of the same crime. This girl was doing everything she could to get out of her house. If my son was going to abuse his sister, I certainly think it would of been done when she was young, not when she was almost 17. His first mistake was admitting to something he didnt do out of fear and on the advice of the local police department without counsel being present. No prior criminal record, they will slap your hands and put you on probation.No one should have the authority to interview a witness without the presence of an attorney. THAT SHOULD BE A LAW!

          • B Free says:

            Phyllis,

            You might consider speaking with the PA State Police. They apparently understand that Corruption M1 does not require registration.

        • Terry says:

          B Free – Do you think there is a chance that they will revert back to making everyone that is on probation for Corruption of the Morals of a minor whether it was the M1 or F3 charge?  I am on it for M1 and had to register and then received a letter from the PSP saying I didn't have to.  Any chance they will reverse this based off of your comment regarding some do / some don't ? 

          • B Free says:

            Terry,

            The PSP were heavily involved in the creation and passage of the law. Based upon your feedback and the feedback of others, it is clear that the PSP believes that Corruption M1 does not require registration, which according to how the law is written, is correct. I could not imagine that the general assembly ever intended for this offense to require registration, so I doubt that the law will be amended.

            I’ve read through all of the existing proposed amendments to the law, and saw no indication that Corruption M1 will be added to the list. However, if for some reason the PA Superior Court interprets the law differently, should such a case reach them via appeal, their decision would be binding unless the PA Supreme Court reverses it.

          • Terry says:

            If I am to understand correctly, up until Dec. 6, 2010 – the only way that one could be charged with CMM when sexual in nature was to use the OGS of 5.  I know of several cases (and if you look through all the CMM cases that are on the Megan's Law website) it seems that most (if not all) are offenses that were committed before 12-6-10.  That is the reason why the argument "under a previous law of this Commonwealth" (paraphrased) is being used.  The Police / ADA / Etc. had every opportunity in the world to charge me and others with the F3 version but chose not to.  It's not my fault nor anyone elses that they didn't change the wording until January 13, 2013.  Very interesting that it would take them over 2 years to correct this in the PA Code.

  67. rob says:

    hello, in 2000 i took a plea deal to incest…long story short my family and i didnt want to drag it out. so i got propation of 2 years…in 2006 a state police man calls me and says i need to regester for megan's law or i will be going to jail…so i regerstered to avoid me doing jail time. i was set up for 10 year regester…then 2012 i was told i was moved from 10year to life time? what im tring to understand is if my plea agrement says nothing about megans law from the begining can they do this? also sorry for mis spells sending from a phone.

    • B Free says:

      Rob,

      Unfortunately there are many others in the same situation that you are in. Some individuals have had success in lower courts, while others have not. Until this issue is decided by the Superior or Supreme Court, your only option is to hire a defense attorney to file a motion in your local court.

       

  68. Marie says:

    I am helping a friend fight this as well. Upon Reading his court paper work, I believe he was wrongfully convinced in every sense. The judge in written documentations threw out all evidence against my friend and refused to Even look at it. He has hospital papers gained from his attorney stating the 16 year old daughter in question from 1999, had absolutely no proof no marks and no signs  of of any physical or sexual abuse. There were police records of the child being reported as a run away and immediately after the father got her home she cried rape. My friend was not allowed use that evidence either. Bottom line, he was a former anti government spokes person and believed he was a target to get put away. The attorney said he had no choice, plea bargain and take 10 years time, or press charges and have his daughter put away. She has a mental history that was also thrown out of court.  Out of the love for his children and family he took the 10 year sentence with a tier 2 Megan law, and only having to register 10 years. Now he's being told his registration is life time and changed to tier 3  what makes this unique, is I am also a survivor of childhood rape, as well as my daughter, and we strongly agree after viewing his evidence he was wrongfully convicted. 

    • deathlocke says:

      I was charged with 2 counts of loitering and prowling at nite time (m3) and 2 counts of invasion of privacy ( also m3's) by a rookie cop fresh out of school. I walked across 2 yards to take a shortcut to get to work…..I willingly admitted to being guilty of tresspassing, That wasnt what i was charged with though. I paid 7000 dollars for the worst attorney in the world. I spent 4 months in jail and got 3 yrs probation and was told i would never have to register with megans law. Feb. 2013 I got a call from my po saying i needed to register because they changed the laws. I was furious! I never recieved a letter from P.A. or megans law or the state police. my po picked me up at 7:30 pm and off i went to register. He had no idea how to register someone and sent them incomplete paperwork, thus resulted in a state cop at my door to arrest me for improper registry. I spent the night in jail, my po got me out and we did the registry incorrect again. So they gave me a more compitent po that told me to have the local PSP do it. I go to the PSP and told the man behind the glass why i was there, he asked if i was on probation, i said yes. He said "kindly leave because your an idiot, have your po do it" then he walked away from the glass never to be seen again, so i return to probation. My po told me again to go to the PSP. I told him what happened and he replied " well i dont have the time to do it" So i called the megans law unit in harrisburgh and they told me to drive across the entire state just to register. so i did. I registered as a tier 1, 15 yr registry. On this very day Aug. 13th, 2013 I recieved a letter from the PA state police stating that i was now classified as a tier 3 lifetime registry. I argued it, didn't get me very far, Also the letter was postmarked aug 7th 2013, I got it on the 13th, and my registry date was aug 6th……So I call them to make sure im not going to jail because someone is stupid, I went to the PSP thats further away from me( not the one that called me an idiot) and spent the past 6 hours registering with a state trooper that didn't know how the computer worked let alone how to register someone on there. So in a nutshell I was handed a life sentence if harrasment and ridicule and constant judgment all because I was charged with 2 misdemeanors by a new cop that was making a name for himself. These laws are completely out of line and ridiculious! They serve the wrong purposes and do more harm than good. I signed the petition and made the appropriate complaints. Lets organize and take our freedom back!

      • deathlocke says:

        any words of encouragement or advice anyone? i feel like now i am a targeted member of society, local police now follow me to and from work, im depressed and feel as though this life isnt worth living. I feel like any day now someone will try to take my kids from me and that ive just about to hit rock bottom. thank god i still have a roof over my head and my job. kinda feel like ill lose those two things as well. I feel sick to my stomache and like there i nowhere to turn except suicide. i wont kill myself, i value my life too much for that but i feel like no matter what i will never be ok. I would like to know what other countries in the world dont have megans law, if there is one i am seriously considering movng out of the usa asap. Of course doing it legally so i dont get drug right back here. if anyone has any info or words of encouragement please reply to me, lord knows i need it…

        • David says:

          You might want to check out this website, Back in April they had a conference call and seemed like they was heading in the right direction, but thats last I heard BUT, it is another good source of information like this website, and trust me your not alone I've been feeling that way since 1995. And it seems like people want to get things changed, but it just takes time.

          http://reformsexoffenderlaws.org/

        • B Free says:

          Deathlocke,

          I truly feel your pain. Stay strong.  The proper legal challenges have been made, and will be decided by the high court’s of Pennsylvania. Try to detach yourself from the feelings of the people that do not love you.  Live for the moments of happiness, no matter how brief they might be.

           

          • David says:

            B Free is right deadlocke stay strong and try to focus on the love the people around you have for you and find ways to join the fight that is ahead of us.

  69. JB says:

    I sympathize with everyone mage public on the registery for whatever reason.  Of course these draconian laws are in effort to a bigger plan and profitability for those who enact and support these type of laws against one targeted group.   Please remember though many offenders can no longer afford to hire legal representation.  There is much that can be done on the side lines.  The cost of writing letters is still cheap.   Every letter, with ever thought can make a difference.  If we sit on our hands and wait for someone else to do it, the process will be much slower and less effective over all.  For those who are willing, file petitions in your local court systems in behalf of yourselves.  These actions will not go unrecognized, they will be compiled and directed to legal representation(s).  Join groups that follow current trends in SO laws.  This is the only way things are going to change.  It not rocket science to figure, that eventually public misrepresentations will lead to concentration camp like areas with these United States.  Opressions will increase as perceptions do.  These fears are almost currently real.  Laws are being enacted faster nationally then petitions in courts can desipher.  Words are being stacked then played in favor of government.  There is going to be a point of no return.

  70. rv says:

    im trying to transfer to pa from nj. the parole officer told my mom that if i transfered to pa i would have to start my time over. i got out of jail in 2003. is it true i would have to start my time over?

    • Jim says:

      the P.O. is incorrect. your time does not start over because you move from one state to the other. However im not sure why you would want to move from nj to pa since they enacted newer tougher registration requirements. pa says im now a lifetime registrant for something that was just a 10 year thing. be aware that if ur not listed on nj's online offender website as soon as u register within pa you will be placed online. when i was living in nj i was not searchable or anything. when i moved to pa i was unaware that any level of registration is posted online regardless of whether or not its tier 1 2 or 3. i falsely made the assumption that because i was not listed online in nj that it would be the same for pa. big mistake.  as far as your original inquiry is concerned your time does not start over when you move from one state to another. however if in pa you offense is listed under tier 3 you will be a lifetime registrant in the state of pa

      • David says:

        I agree with Jim, from what I know your time does not start over but you run the danger of being placed on life time reg, same as us when we only had 10 years to do, mine woud have ended in Feb. 2014 and now I have life time <teir 3>  SO MY ADVICE is stay in Jersey and stay away from Pa, The Corbett communist state. :)

  71. phyllis says:

    My son had a charge from 2005 of Corruptions of Minor M1 and was serving time for a probation violation . They made him register before releasing him for megans law. I contacted the Pa. State Police in Harrisburg and told them according to how I read the revisions, it was just for a sexual violent crime or Corruption of Minors felon 3. A surpervisor pulled and reviewed  his file and said he was under the registration requirements  9799.14  which is sexual offenses and tier system. Sect B(21)  a similiar offense under a former law of this commonwealth.  SecB (8) #6301 (a)1(ii) relating to Corruption of Minors. What does all those stand for. He didn't have any numbers after his COM except M1?

    • Terry says:

      Phyllis,  I addressed this in my post above.  http://www.premierdefensegroup.com/blog/appealing-pennsylvanias-new-megans/#comment-2158

      There is a case that I'm watching closely that is in Superior Court that is exactly the case for this gentleman too.  It's been "awaiting consideration" for quite some time.  Not sure what to make of it, but that is exactly what the argument was in this guys case too.

      • B Free says:

        Terry,

        If you don’t mind, please send an email using the contact form and provide any information about the “awaiting consideration” case, such as where it can be accessed.

  72. Nonsense says:

    Hello,

    in 2006 plead NoContest to one charge of sexual assault. In exchange for the plea of NoCon I received 7yrs probation(no jail or prison time) and my attorney negotiated for me to not have to register. Fast forward to Jan 3 2013, was the first time I had to subject myself to the nonsense as many other people. The issue that I'm having is: Me not having to spend a second in jail and on Megan's Law was the only reason I took the deal. How can the commonwealth break a legal binding agreement, between myself and the state. In order to fight this, I have just sold my home to finance efforts and bring this maddness to light. What they are doing is completely unjust to everyone… What they have done to me is far worse in my eyes. Everyone knows the only reason I took the deal was because the terms allowed me to continue my life without issue. My offense was one to register for regardless; However, because of Dec 20 2012, I how have to register for life??? Well, I have my eyes on a Attorney to argue this for me. The law should never superseded a plea agreement that's in good standing! I wish everyone that is affected directly or indirectly luck through this matter. I will hope and pray for all of you and your family, please do the same for me and mines. I will do my best to keep all of you updated through this fight.  

  73. jon says:

    Hello,

    i like many who are visiting this site was charged with COM M1 prior to the 2010 october change. i reccently got a dui and was forced to register. i served the 6 month dui sentence in jail and the remainder of my Parole also in jail. i'm currently on probation for 2 years for the COM charge and have had to register. It is the biggest pain in the a**. everything has to be done in person, even my Probation officer thinks it is ridiculous, he thought it was ridiculous when he registered me at the start.

    I am fighting this, with a Public Defender and he is receiving alot of resistance. the first court date was to find out if the court has the jurisdiction to rule over registration issues. if this issue drops to a lower court i no longer qualify for representation so lets hope it does go my way and at the very least gets sent to superior court if not gets solved under its current judge. 

    I'm wondering how the PSP can decide to take some COM M1 off the site but others like my self remain, it's ridiculous that they even have that power to dictate the law in that way.

  74. Anthony says:

    Ya the new law is messed up I pleaed to 5 years probation and 10 years Meagans lawbut now I’m a tier 3 does anyone know how to fix that this is messing me up my laywer wont get back to me he’s realy hard to get a hold of does anyone know a got laywer that will return my phone calls and help me out?

  75. Michael says:

    This may be a repost, and if it is I appologize in advance.  But I am still looking for an answer, anything…

    I have a Sentencing Order from 2009, written by the judge that I have to comply with a 10 year Megan registration.  He did write the words “10 year” into the Sentencing Order.  Since the change that took place in 2012 I feel that a change to a Sentencing Order has to be a violation of something.  Is there any recourse I may have?  Or tough it out an additional 5 years.  If the verbiage was not the way it was I wouldn’t pose this, but since it is and I am curious.

    • B Free says:

      Michael, you may consider hiring an attorney to draft and argue a Breach of Plea Agreement motion. There currently is such a case being reviewed by the PA Superior Court.

  76. Rick says:

    Please any guidance you can provide would be greatly appreciated:

    I have a very difficult situation in which no one can seem to help to point me into the right direction. I do not have a lot of money and I need to be careful that I am not heading in the wrong direction.

    We are open to me moving there or her coming here, but we do not know which way to go or how to proceed from here.

    The following explains why and is an excerpt from an email I sent asking the ACLU for help. Of course no one wants to help due to the nature. I have proof of everything I state in case you have doubts as well. I beg for your help and guidance, as I have nowhere else to turn.

    “In 2003 in the process of a divorce my then wife went to the state police and told them that I was in possession of a tape we made on our honeymoon of us having sex. At the time the tape was made I was 19 and she was 16. We were married, her mother signed a form for us to be married because she was pregnant. In 2003 (4 years later) she reported that I had the tape in my possession. I was arrested and charged with several counts of child pornography for this one tape.

    After several months of fighting the charges and having my son taken away by the court because the district attorney said I may be a danger to him

    (prior to this I had full custody because he was being abused by his mother and right before she reported the tape to the state police she was ordered to pay be child support); I plead no contest to a felony count of 6312(b) “Sexual Abuse of Children” for having the video tape. I was told that I would not be placed onto Megan’s Law or any other sex offender list.

    The plea was made in 2004. In 2006 I received a letter from the state police saying that my offense was retroactively being added to Megan’s List. I called the district attorney (since I could no longer afford an attorney). They told me there was nothing I could do. In 2008 I was advised by a friend to obtain the transcripts from the court; because the Judge had specifically asked if I would be placed on the list before sentencing (of which I only received probation). He was told by the District Attorney that I would not. I tried to obtain the records in 2008 and was given the run around many times by both the Prothonotory and the court administrator. In 2011 I contacted them again and was told the transcripts were kept in the reporters basement and were lost in a flood. In 2012 I contacted the now retired judge and asked for advice. He replied and told me to request the records in writing. I did just that and at the end of 2012 received a letter back from the administrator saying that they were lost in a flood in 2011 and that since they only had to keep them for a seven years it didn’t matter anyway. In December 2012 I was again retroactively added to the new Adam Walsh Act list for another 5 years.

    I would not only like to get off of the list but I would also like to have my record expunged.

    It has been 10 years now since the charges were pressed. I do not feel like I should continue to be punished for making a video tape with my wife when I was 19 years old. I am now 35.

    I have had full custody of my son for the past five years and although he was taken from me during the time of the charges I have had primary custody and the majority of physical custody since he was born.

    I think there are several legal issues here that I have either learned through research or have been brought to my attention:

    1.      We were married, she was pregnant and her parent signed the consent form for marriage and she was over the age of consent.

    2.      The plea bargain constituted a binding legal agreement and retroactively placing me on any lists are a violation of that agreement.

    3.      There are other issues surrounding my case which make it seem like there was malicious prosecution taking place.

    I really don’t know what to do or how to seek help or even if I can. I have waited so many years, because coupled with a spinal disease this incident ruined my life and caused me to develop panic disorder to the point of PTSD.

    I have been deathly afraid of entering a court room ever since. However, I have sought treatment for the panic disorder and have been able to get off of the large amounts of pain medication the doctors were giving me for the spinal disease. I have seen counselors and psychiatrists and was evaluated by the court twice for custody all of them have said I am not a danger to anyone.

    I am deeply concerned by all of these factors and have wanted to do something for many years now but wanted to get the rest of my life straightened out.

    If you can provide any advice or direct me to who I can talk to – myself, my son and my fiancé would forever be grateful!

    Thank you for your time!

    • B Free says:

      Rick,

      You might consider contacting the media regarding this issue. It truly is outrageous. If you’d like some help in contacting them, let me know.

    • Matthew says:

      Rick,

      I truly feel your pain, I to think I have PTSD, but I've built myself up to a state, where I barely leave my house, due to health and FEELING like a socially offensive outcast.

      I wish you luck and wish you strength to go forth to the media and have your story told, and corrected.

  77. K says:

    I apologize in advance if this is the wrong forum for this question…

    I was convicted of registerable offense in another (non-SORNA) state. I moved to PA 3 yrs ago. My former state is in the process of passing a law barring all sex offenders from being on school property with a few inconvenient exceptions. Aside from an argument for ex post facto violations, am I still required to follow the laws of a state that I am no longer a resident? 

  78. Rick says:

    B Free,

    Any help you can give me would be greatly appreciated. I dont mind contacting the media if it is likely to get me help. I want to move out of the country. I have several advanced degrees and would like to make use of them. I have a son who has been harrassed at his high school after a PSP officer came into his school and have a lesson on using megan's law. The first person who came up was me and the kids teased him very badly last year. We have been given a hard time in the past when I tried going to school sports and parent teacher function. I am unable to find employment in my field (healthcare) because I cannot get licensed. The TSA has given me a difficult time coming into the country, however I am never given a hard time leaving the country. The last time I traveled the TSA agent told me there system had them flag me, because the FBI had me on a list to be flaged. Before I left for the trip I reported to the state police and they made me change my address with them to the destination (which was in a European country). They then had the local police come out (with a notification from the FBI) to check and make sure I was were I said I was. The local police were appalled by the notice and told me they were very sorry they just had to follow up so that there were no problems from our government. I recently recieved a email back from my congressman saying that he is not permitted to help me "even if he feels that the situation is wrong". Any help would be greatly appreciated! rick.help1@gmail.com

  79. Rick says:

    I have talked to the congressman about my situation. His office told me to get intouch with probation and parole about their records and to call the courthouse about getting a copy of mine to see if it is mentioned in the sentencing guidelines. I am appalled by the fact that our senators and congressman do not want to touch these issues. That many of us should never have been placed on the list in the first place. Then to go nearly a decade with hope in site that we will be off the list and can resume our lives and then find out that we are having our time extended. I do not have the money to afford an attorney and the fact that the ACLU will not represent a well educated and responsible (former college professor) is rediculous. I can not believe that this is all allowed to go on. If I attempt (and I know it is crazy but I have no other choice) to represent myself pro se; does anyone know what route to take with my case. My charge was a 6312(b) for having in my posession a video made after I was married to my then pregnant wife, of us having sex. We consentionally made the tape and I was only 19 and she 16 at the time. The illegality seems to be the tape itself, which was only brought to the attention of the state police 5 years after it was made because my ex-wife and I were going through a custody battle and divorce in which I had just been awarded sole custody of our child and she had to pay child support. I spent a lot of money trying to fight the charges (of which they filled multiple due to one tape) I plead no contest to the 6312(b) and to a charge of intimidation of a witness because they tapped my phone line and had her call to see if I still had the tape. I told her yes and that I would do anything if she told them the truth about the video (that it had been made after we were married – thinking that is why it was illegal). They took my son from me and placed him back in her care immediately (which was easy to do since the DA was in practice with his guardian at the time.) I had found a note between the two in a court documents check many years ago. It was from the DA to the guardian instructing her to keep custody from me "until we get a favoriable outcome". I really need to get off of the list. I am being denied admission to a college where I want to get a doctorate in Psychology so that I can help others affected by things like this. I need guidance and help anything would be greatly appreciated! Please email me rick.help1@gmail.com

  80. lou divido says:

    Lou

    i was convicted of invasion of privacy, no mention of Megans Law at all . Approx. 2 monts later i received a letter in the mail from the state police saying that i now had to register as a sexual offender, to make matters worse, i am in the highest tier , register every 3 months for life, that is becasue of more than one charge at the same time, this law blows my mind, i cant believe te state can pass such a law and make it retroactive, its just WRONG.  i am trying my best to go thru channels to do somethign about this  but it seems liek a waste of time, no one cares

    • B Free says:

      Lou,

      That’s another very troublesome part of the new law. Ohio’s provision requires the subsequent conviction to be “separate” – PA’s law does not (see my comment at http://www.premierdefensegroup.com/blog/appealing-pennsylvanias-new-megans/#comment-649)

      This issue was analyzed by the PA Superior Court and PA Supreme Court (see my comment at http://www.premierdefensegroup.com/blog/new-pennsylvania-sex-offender-laws-final/#comment-2126)

      The Superior Court ruled that the provision clearly requires lifetime registration for two or more convictions for offenses not in Tier 3, regardless of whether they were from the same act (i.e., criminal episode). The Supreme Court took the appeal, but the case ended in a split decision. Because the state supreme court was evenly divided, the order of the superior court was affirmed. I’m not sure what could happen next.

      • Matthew says:

        Dam, hope that changes because thats what made me a tier 3 multiple convictions on the same docket, of the same chagre.

        Does there look like any hope at all??

  81. USMC says:

    Here is one for the vets

     

      I was a corpal in the usmc in 2003 and got in the middle of a custody battle. When my sgt asked me for a statement about his wife's miss use of mulce relaxers. Last time I had seen his wife or their kids was 6 months ago when she accused him of rape to are first sgt. who then ask me to wright him what I new. So now my sgt came to me for a shorter version. We had it certafied and he went to meet his wife. She left that meeting and went straight to the millatary pollice to say I touched her daughter. I ended up in the brig with no eveidence but there word agaist mine. My parents found out that the wife had used her kid in the past to accuse other people  along with the bioligcal father and that she her self has a long list of accuseing people of sex crimes. All of it being marked eralvent and not allowed. So I went with a jury in stead of the judge. You are not innocent and there is no type of hung jury in the millatry a 99.8% chance of conviction and here is one reason for that. jurys resluts are done by % not overall and that %  really favors the defendent. All of my jury members went to my prosacuter for legale advice and two new where friends of my first sgt who changed his story and wanted this all to be over with his words. I was found gillty and when I asked how I was told because they beleaved it might of happed so the chace is way I went to the brig for a sentnce of 7 years on 2 charges one of sodmy and one an indecnt act. I was offered a plea deal of 1 year but refused. I did 5 years then 2 more on msr mandatory superivesed release not parrole which was in replace of being allowed to lewave with good time. I was told I'd be on the lowest tier when I got out but would still have to register for 10 years in PA where my parents moved too. I won part of my appleas when in prison and the sodmy was drop but no time was chaged and the last charge stayed for the same raeson I was told i got convicted because one judge could see it happing not that there was proof. I was half way through the 10 registration when I got the letter saying Because mine is millatary it is consider out of state so I now have to register for life 4 times a year instead of the once a year I was doing. Since I have been on the sight I had one person find me on face book to ask how I got my job and if they where hiring others have herased my friends and family not wanting to confront me personally. 

  82. Bernard says:

    went to report today in philadelphia and heard from the trooper that there was a case that went before the courts and the finding was that 10 yrs is 10 yrs and that maybe by march i may not have to report anymore. if anyone could find out more infomation on this case and ruleing it would be very helpful to myself as well as those who got caught up in the new meagans law

     

    • Matthew says:

      Well, Bernard:

      I was to end my 10 years reg. on 2/2014 but thanks to this new LAW, they now have me at Tier 3 and I have to register for life.

      So, hope things change for the better and I can be done with this hassle and try to die in peace. (health's not so good)

  83. Matthew says:

    Im here to say my case is far beyond bullshit, i was found guilty by a non-jury trial that my lawyer said i cannot loose. and to make matters worse i lost my appeal. I even passed a polygraph that i got done my self and that still dont matter in a he said she said case. and during it all my ex wife takes me to court for costody with my so called victoms mother and her mother got throne off the stand for lieing. but my lawyer didnt take that to court. and my ex wife shows up at my trial be side my so call victom pissed that i won costody of my child. but sense her family knew this judge i lost and with a lawyer i paid for who it seemed to not do anything according to other attornies to help me, hell she never even talked to my witness who was never even ordered to be their, she let the prosicuter do it, and they told her not to show up they were not going to give her anything to get off work. but anyway i wasnt apost to be on megans law but now im on it for life and i cant get costody of my daughter and my wifes ex-husband just lost her daughter to his  ex wife whos not even the biological parent. all she said to the judge is that i was on megans law.

  84. Rick says:

    It's been awhile since I wrote. I have heard that things maybe changing with the law, but am stuck at the moment with what to do. I want to move out of the country. I have been with my fiance' for the past 2 years and we have known each other for the past 19 years. I want to get married and move with her back to Europe. However, I have heard that I wont be permited to move out of the country since I am on the Adam Walsh Act now. Or that in order to be able to I have to petition the court and ask for permission. I dont know how to go about doing that. We are to be going there this summer and for the past two years they have made me report when, where and for how long I am going. They send someone from the local criminal divison of the police department from the city I am staying in and they come saying that they dont care that I am on the list but that the FBI sends them a letter stating that I am a sex offender and that I am in their jurisdiction. The PSP have told me that if I am not where I am suppose to be or if I do not report back to them when I am suppose to that they will send the marshall's office out to get me. I want to go there this summer and stay. We want to start a life together and be permitted to live our lives without fear. Recently we have had much difficulty in dealing with all of this and I frankly after 10 years just need it to be gone. My case is written out above and as you can see I was and should have never been placed on the list. We are heading back to Europe in one month and I have no idea how to proceed without it costing a ton of money. We are both students and have ran ourselves broke trying to make our relationship work this way, but at this point we despertaly need some help. I have wrote all of the politicians in the state with no help. I have wrote the ACLU in both Harrisburg and Philly with letters stating they can't help because they dont have the resources. While going to the media sounds nice I have been told that it would do no good and even make it harder to get off the list later. I've been told that a stay maybe possible, but given that the court has lost the transcripts where the judge said I wasnt to be on the list (and yes I have a document notarized by the court saying that its lost) and that the sentencing sheet does not make a note of it (nor does it say I am to be on the list), it seems like getting off the list is unlikely. I was then told that I can not sponser my fiance' to live here and that if we get married before I am off of the list (now 2021) then it could be difficult for her to get a greencard otherwise. Is there not any recourse? Isn't there some lawfirm or attorney who does pro-bono work or would do it to gain media coverage. If so I would certainly volunteer myself and all the heartache the media attention would create if I could get some help. Any suggestions or information, any guidance or help would be most greatly appreciated! Feel free to email me: rick.help1@gmail.com

    Thanks in advance!

    -Rick

  85. Matthew2014 says:

    Just want to make note I'm changing my name since theres another Matthew on here

  86. Frank says:

    Is anybody aware of the new child abuse definitions going into effect in Pennsylvania in December? Apparently a person can now be found guilty/indicated of child abuse if they kbew or reasonably should have known that a person is a Tier 2 or 3 offender and left a child unsupervised with the said offender. Just think for a moment what this does to relationships with friends and family who have children. On the off chance you end up in am “unsupervised” situation with a niece/nephew or a friends child, they now run the risk of being dinged for child abuse. Any one have thoughts or opinions? I believe its is HB 726…

    • Kevin says:

      I left a comment about it a few months ago after Corbett signed it into law. The worst part of it all is that PA will probably not send out notices to sex offenders warning them of this change. Thus, there will be many instances where registrants will unknowingly put a parent or guardian in danger of being charged with child abuse. With manditory reporting requirements for child abuse, no one will get a warning or a second chance. 

  87. Kevin says:

    Does anyone know where I could find a video of the oral arguments given earlier this month to the PA Supreme Court concerning juvenile due process under SORNA?

  88. JOE says:

    GREAT NEWS!
    Just need a confirmation letter …. Was in the process of contacting the referred law firm of David Shrager by Premier Defense (this site) about this recent ruling about Corruption of Minors NOT being a registrable offence in Pa. prior to 12-06-10. Well do to the Adam Walsh law I had to register as a tier 1 for the corruption of minor charge from 1987. I had an IDSI charge that I did 10yrs for this,then completed 10yrs registration in 2007. Corruption of minors a misdemeanor probation. Have Been off till this law came into effect in Dec.20th,2012. I looked up the site today and here I was removed AUTOMATICALLY along with a few others in my area. YES you read right…Thank God that is until they pull another rabbit out of their hat and create another law dealing with this or something else. Posting this mostly to say there is progress and if everyone chips in and does not just sit on the sidelines, POSITIVE THINGS WILL HAPPEN!

  89. Jim says:

    and now hopefully next on the list is the ridiculous last part of the Tier III which states 2 or more offenses of Tier I or Tier II automatically make you a Tier III. i do not know of any other state in the country where this particular part is enacted and how it can even be legal. 2 offenses of the same count in the same case should not be considered under this. it should be re-written in saying if you have a Tier I or II in one case and then you again commit a crime of Tier I or Tier II then you are automatically Tier III. i am all for that being a REPEAT offender consequence and not a first time offender consequence. but for those who were given 2 counts of the same offense in the same case years ago and the person’s only ever brush with the law that are Tier I or II should NOT be automatically a III.

    • B Free says:

      There has been a lot of progress on this issue. It is once again in the hands of the PA Supreme Court, which accepted the appeal of Commonwealth v. Mielnicki, 71 A.3d 245 (Pa. 2013) on July 2, 2013. Briefs have been filed and the matter was scheduled for oral argument before the Supreme Court on March 11, 2014, in Philadelphia.

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