New Pennsylvania Sex Offender Bill

**Update 10/31/2012 – Read About the Final Law Here

On December 20, 2011 Pennsylvania governor Tom Corbett signed into law senate bill 1183 pertaining to sex offender registration. This bill was driven by the federal Sex Offender Registration and Notification Act (SORNA), which is Title I of the Adam Walsh Child Protection and Safety Act of 2006. SORNA requires all states to adopt its new legal provisions into their current law, or else face losing 10 percent of their funding under a program called the Byrne Justice Assistance Grant.

Some states such as Texas and North Carolina have not implemented the Act, primarily because 1) the costs to implement would greatly exceed the loss in funding, 2) the Act takes a "one size fits all" approach, and 3) the retroactive elements of the Act have been deemed unconstitutional in Ohio, after this state spent millions of dollars in appellate cases.

Nevertheless Pennsylvania has adopted the provisions.

WHO WILL HAVE TO REGISTER?

§ 9799.13 (takes effect December 20, 2012)

1) Anyone who, on or after the effective date of the law, is convicted of a "sexually violent offense" and resides in, goes to school in, or is employed in Pennsylvania. 

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

(1.1)  An individual who, on or after the effective date of this section, has been convicted of a sexually violent offense in this Commonwealth and does not have a residence in this Commonwealth and:

(i)  is employed in this Commonwealth; or
(ii)  is a student in this Commonwealth.

2) Anyone who, on or after the effective date of the law, is in state prison, on probation or under intermediate punishment as a result of being found guilty and sentenced for a sexually violent offense.

(2)  An individual who, on or after the effective date of this section, is an inmate in a State or county correctional institution of this Commonwealth, including a community corrections center or a community contract facility, is being supervised by the Pennsylvania Board of Probation and Parole or county probation or parole or is subject to a sentence of intermediate punishment and has committed been convicted of a sexually violent offense.

3) Anyone who, on or after the effective date of the law, is in federal prison or is being supervised by a federal probation authority as a result of being found guilty and sentenced for a sexually violent offense.

(2.1)  An individual who, on or after the effective date of this section, is an inmate in a Federal correctional institution or is supervised by Federal probation authorities and has committed a sexually violent offense.

4) Anyone who was previously required to register in Pennsylvania and has not completed his or her registration period. When this provision takes effect, one's NEW registration period will be determined by the NEW time frames for sexually violent offenses. This means that even if one has completed 7 of 10 years, his or her registration period will increase to 15, 25 or life.

(3)  An individual who is required to register with the Pennsylvania State Police under this subchapter prior to the effective date of this section who has not fulfilled the period of registration as of the effective date of this section.

5) Any individual who was previously required to register in Pennsylvania but has been removed from the registry will be required to once again register if he or she, on or after the effective date of the law, is convicted of ANY felony or sexually violent offense.

(4)  An individual who was required to register with the Pennsylvania State Police pursuant to former section 9795.1 and:

(i)  has fulfilled the period of registration provided in former section 9795.1(a) (relating to registration) or has been removed from the registry under former section 9795.5 (relating to exemption from certain notifications); and

(ii)  on or after the effective date of this section, is convicted of a sexually violent offense or convicted of an offense graded as a felony.

(4.1)  An individual who was required to register under this subchapter and has fulfilled the period of registration provided in this subchapter and who, on or after the effective date of this section, is convicted of a sexually violent offense or of an offense graded as a felony.

(5)  An individual who, on or after the effective date of this section, was required to register with the Pennsylvania State Police pursuant to this subchapter and:

(i)  has fulfilled the period of registration provided in this subchapter; and

(ii)  on or after the effective date of this section, is convicted of an offense graded as a felony.

(6)  An individual who, on or after the effective date of this section, was required to register with the Pennsylvania State Police pursuant to this subchapter and:

(i)  has been removed from the registry pursuant to section 9799.17 (relating to reduction termination of period of registration) for juvenile offenders; and

(ii)  is subsequently convicted of an offense graded as a felony.

6) Any individual who is required to register in any other jurisdiction or foreign country and resides in, goes to school in, or works in Pennsylvania shall register in Pennsylvania.

(7)  An individual who, on or after the effective date of this section, is required to register in a sexual offender registry in another jurisdiction or in a foreign country based upon a conviction for a sexually violent offense or under a sexual offender statute in the jurisdiction where the individual is convicted and:

(i)  has a residence in this Commonwealth or is a transient;
(ii)  is employed within this Commonwealth; or
(iii)  is a student within this Commonwealth.

(7.1)  An individual who, on or after the effective date of this section, is required to register in a sexual offender registry in another jurisdiction or foreign country based upon a conviction of a sexual offense which is not classified as a sexually violent offense and:

(i)  has a residence in this Commonwealth;
(ii)  is employed within this Commonwealth; or
(iii)  is a student within this Commonwealth.

7) Any "juvenile offender" who, on or after the effective date of the law, is adjudicated delinquent or is under court supervision for being adjudicated delinquent in PA or in any other jurisdiction or foreign country and resides in, goes to school in, or works in Pennsylvania shall register in Pennsylvania.

A juvenile offender is defined in § 9799.12 as a person who is at least 14 years of age and:

a) is adjudicated delinquent for 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to involuntary deviate sexual intercourse) or 3125 (relating to aggravated indecent assault) or an attempt, solicitation or conspiracy to commit an offense under 18 Pa.C.S § 3121, 3123 or 3125.

OR

b)  committed an offense similar to an offense under 18 Pa.C.S. § 3121, 3123 or 3125 or an attempt, solicitation or conspiracy to commit an offense similar to an offense under 18
Pa.C.S. § 3121, 3123 or 3125 under the laws of the United States, another jurisdiction or a
foreign country and was adjudicated delinquent for such an offense.

(8)  An individual who, on or after the effective date of this section, is a juvenile offender who was adjudicated delinquent within this Commonwealth or was adjudicated delinquent in another jurisdiction or a foreign country and:

(i)  has a residence within this Commonwealth;
(ii)  is employed within this Commonwealth; or
(iii)  is a student within this Commonwealth.

"Juvenile offender."  One of the following:

(1)  An individual who was 14 years of age or older at the time the individual committed an offense which, if committed by an adult, would be classified as an offense under 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to involuntary deviate sexual intercourse) or 3125 (relating to aggravated indecent
assault) or an attempt, solicitation or conspiracy to commit an offense under 18 Pa.C.S
§ 3121, 3123 or 3125 and either:

(i)  is adjudicated delinquent for such offense on or after the effective date of this section; or

(ii)  has been adjudicated delinquent for such offense and, on the effective date of this section, is subject to the jurisdiction of the court, including commitment to an institution or facility set forth in section 6352(a)(3) (relating to a disposition of delinquent child).

(2)  An individual who was 14 years of age or older at the time the individual committed an offense similar to an offense under 18 Pa.C.S. § 3121, 3123 or 3125 or an attempt, solicitation or conspiracy to commit an offense similar to an offense under 18 Pa.C.S. § 3121, 3123 or 3125 under the laws of the United States, another jurisdiction or a foreign country and was adjudicated delinquent for such an offense.

WHAT WILL BE PA'S "SEXUALLY VIOLENT OFFENSES"

§ 9799.14 (takes effect December 20, 2012)

Sexual offenses shall be classified in a three-tiered system composed of Tier I sexual offenses, Tier II sexual offenses and Tier III sexual offenses.

Tier I sexual offenses

(1)  18 Pa.C.S. § 2902(b) (relating to unlawful restraint).
(2)  18 Pa.C.S. § 2903(b) (relating to false imprisonment).
(3)  18 Pa.C.S. § 2904 (relating to interference with custody of children).
(4)  18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure).
(5)  18 Pa.C.S. § 3124.2(a) (relating to institutional sexual assault).
(6)  18 Pa.C.S. § 3126(a)(1) (relating to indecent assault).
(7)  (Reserved).
(8)  18 Pa.C.S. § 6301(a)(1)(ii) (relating to corruption of minors).
(9)  18 Pa.C.S. § 6312(d) (relating to sexual abuse of children).
(10)  18 Pa.C.S. § 7507.1. (relating to invasion of privacy).
(11)  18 U.S.C. § 1801 (relating to video voyeurism).
(12)  18 U.S.C. § 2252 (relating to certain activities relating to material involving the sexual exploitation of minors).
(13)  18 U.S.C. § 2252A (relating to certain activities relating to material constituting or containing child pornography).
(14)  18 U.S.C. § 2252B (relating to misleading domain names on the Internet).
(15)  18 U.S.C. § 2252C (relating to misleading words or digital images on the Internet).
(16)  18 U.S.C. § 2422(a) (relating to coercion and enticement).
(17)  18 U.S.C. § 2423(b) (relating to transportation of minors).
(18)  18 U.S.C. § 2423(c).
(19)  18 U.S.C. § 2424 (relating to filing factual statement about alien individual).
(20)  18 U.S.C. § 2425 (relating to use of interstate facilities to transmit information about a minor).
(21)  A comparable military offense or similar offense under the laws of another jurisdiction or foreign country.
(22)  An attempt, conspiracy or solicitation to commit an offense listed in paragraph (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20) or (21).

Tier II sexual offenses

(1)  18 Pa.C.S. § 3122.1(a)(2) (relating to statutory sexual assault).
(1.1)  18 Pa.C.S. § 3124.2(a.2) and (a.3) (relating to institutional sexual assault).
(1.2)  18 Pa.C.S. § 3126(a)(2), (3), (4), (5), (6) or (8).
(2)  18 Pa.C.S. § 5902(b.1) (relating to prostitution and related offenses)
(3)  18 Pa.C.S. § 5903(a)(3)(ii), (4)(ii), (5)(ii) or (6) (relating to obscene and other sexual materials and performances).
(4)  18 Pa.C.S. § 6312(b) and (c) (relating to sexual abuse of children).
(5)  18 Pa.C.S. § 6318 (relating to unlawful contact with minor).
(6)  18 Pa.C.S. § 6320 (relating to sexual exploitation of children).
(7)  18 U.S.C. § 1591 (relating to sex trafficking of children by force, fraud, or coercion).
(8)  18 U.S.C. § 2243 (relating to sexual abuse of a minor or ward).
(9)  18 U.S.C. § 2244 (relating to abusive sexual contact).
(10)  18 U.S.C. § 2251 (relating to sexual exploitation of children).
(11)  18 U.S.C. § 2251A (relating to selling or buying of children).
(12)  18 U.S.C. § 2252.
(13)  18 U.S.C. § 2260 (relating to production of sexually explicit depictions of a minor for importation into the United States).
(14)  18 U.S.C. § 2421 (relating to transportation generally).
(15)  18 U.S.C. § 2422(b).
(16)  18 U.S.C. § 2423(a).
(17)  A comparable military offense or similar offense under the laws of another jurisdiction or foreign country.
(18)  An attempt, conspiracy or solicitation to commit an offense listed in paragraph (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16) or (17).

Tier III sexual offenses

(1)  18 Pa.C.S. § 2901(a.1) (relating to kidnapping).
(2)  18 Pa.C.S. § 3121 (relating to rape).
(3)  18 Pa.C.S. § 3122.1(b) (relating to statutory sexual assault).
(4)  18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).
(5)  18 Pa.C.S. § 3124.1 (relating to sexual assault).
(6)  18 Pa.C.S. § 3124.2(a.1).
(7)  18 Pa.C.S. § 3125 (relating to aggravated indecent assault).
(8)  18 Pa.C.S. § 3126(a)(7) (relating to indecent assault).
(9)  18 Pa.C.S. § 4302(b) (relating to incest).
(10)  18 U.S.C. § 2241 (relating to aggravated sexual abuse).
(11)  18 U.S.C. § 2242 (relating to sexual abuse).
(12)  18 U.S.C. § 2244.
(13)  A comparable military offense or similar offense under the laws of another jurisdiction or country.
(14)  An attempt, conspiracy or solicitation to commit an offense listed in paragraph (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12) or (13).
(15)  An offense listed as a Tier II sexual offense where there is a subsequent conviction for an offense graded as a felony.
(16)  Two or more convictions of offenses listed as Tier I or Tier II sexual offenses.

HOW LONG WILL ONE HAVE TO REGISTER?

§ 9799.15 (takes effect December 20, 2012)

(1)  An individual convicted of a Tier I sexual offense shall register for a period of 15 years.

(2)  An individual convicted of a Tier II sexual offense shall register for a period of 25 years.

(3)  An individual convicted of a Tier III sexual offense shall register for the life of the individual.

(4)  A juvenile offender shall register for the life of the individual. Note that juveniles only have to register if they are adjudicated delinquent for certain tier III offenses – this is why they would have to register for life.  If certain requirements are met, a juvenile may petition the court to be removed from the registry after 25 years (see § 9799.17)

(5)  A sexually violent delinquent child shall register for the life of the individual.

(6)  A sexually violent predator shall register for the life of the individual.

(7)  An individual subject to registration under section 9799.13 shall register for the period of time equal to the time for which the individual was required to register in another jurisdiction or foreign country.

HOW OFTEN WILL ONE HAVE TO REPORT IN PERSON?

§ 9799.15(e) (takes effect December 20, 2012)

(1)  An individual convicted of a Tier I sexual offense shall appear annually.

(2)  An individual convicted of a Tier II sexual offense shall appear semiannually.

(3)  An individual convicted of a Tier III sexual offense shall appear quarterly.

(4)  An individual required to register pursuant to section 9799.13(7.1) shall appear annually.

 STATUTORY SEXUAL ASSAULT (a) versus (b)?

§3122.1.  Statutory sexual assault.

(a) Felony of the second degree.–Except as provided in section 3121 (relating  to rape), a person commits a felony of the second degree when that person  engages in sexual intercourse with a complainant to whom the person is not  married who is under the age of 16 years and that person is either:

(1) four years older but less than eight years older than the complainant; or
(2) eight years older but less than 11 years older than the complainant.

(b) Felony of the first degree.–A person commits a felony of the first degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is 11 or more years older than the complainant and the complainant and the person are not married to each other.

CONCLUSION
Undoubtedly there will be appeals to fight this new law, as there should be. Our law practice does not handle these types of cases; however, please contact the Pennsylvania chapter of RSOL (reform sex offender laws) to join the fight.

If you or a loved on has been falsely accused of a sex crime and has not been convicted, please do not hesitate to contact our attorneys so that we may protect you from the unfair laws that face you.

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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83 Responses to New Pennsylvania Sex Offender Bill

  1. B Free says:

    UPDATE – PLEASE VISIT THE LATEST BLOG REGARDING THIS TOPIC HERE

  2. mike parrish says:

    so you mean to tell me ill b on megans law for cooruption of minors because i had a party in 2010 and minors drank and i went to trail may 2012 .and beat all rape and sex charges, but was found guilty on cooruption?and what does anyone who ,on or after the effective date.  mean. thank you for your time

  3. B Free says:

    Mike, if you were convicted of the Felony count of Corruption of a Minor, and are still under supervision (probation or IP) on December 20, 2012, you will be required to register.

    Again, it only applies to the felony charge, not the misdemeanor.

    • mr.i says:

      What about indecent assault? It's a misdemeanor charge. Do i have to register for a lifetime? The information says i don't but i see the same charge i have in tier 3.

    • J Het says:

      Is anyone else being told that it doesn't matter whether it was the Misdemeanor or the Felony charge? Being told that both have to register?

    • John Doe says:

      18 Pa.C.S. § 6301(a)(1)(ii) (relating to corruption of minors) Requires Reg. But….

      18 Pa.C.S. § 6301(a)(1)(i) does not just look at the charges. I am currently in a similar situation based off a lie even though I have shown proof of my innocence it's all been ignored, including pointing out the wholes in her story and different stories but because she claims I touched her twice it means i must be guilty. I'm facing 18 Pa.C.S. § 6301(a)(1)(i) which means no reg after jail/probation.

      • J Het says:

        6301 (a.) (1.) (i.) after 12-6-10 should not be registrable any way you slice it.  I am fighting this with a lawyer and know of at least 2 others that are as well.  Once of them was convicted before 12-6-10 though.  Mine was after 12-6-10 so I guess we'll see.  My lawyer says that any M1 charge is not registrable, but the way the law reads (under a former law of this Commonwealth) technically says that if you were convicted before 12-6-10 and your Offense Gravity Score was 5, then it was sexual in nature and you must register.

  4. Anthony says:

    So this means people that were sentenced prior to this are now forced to new registration rules after registering and being prior sentenced to lower registration time periods. How can they force people that were sentenced to 10 years and deemed not violent now have to register for 25 years

  5. B Free says:

    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.

  6. Jim says:

    everything is so confusing! i read that this only applies to felony charges. then i read its for everyone. then i read its only for those who are still on parole or probation that the law changes. and because i pled to 2 non-violent offenses in Ohio, PA considers me now under the new law a tier 3 sexually violent predator. how is that fair???

  7. Scott says:

    i was charged in 2003 for an indecentassault charge, under a misdemaener, spent 3yrs.in prison,and had to register for 10yrs. now im am being told i must register for life under the tier3. I had registered evry year and even when i moved. Always abiding by the laws. I have done nothing wrong and now it seems i'm being punished further. I just wont to live a decent life and be left alone. It's hard enough trying to keep a job and a place to live and being discrimnated against for my crime.I've tried to live the life sociatey expects me too. and now they wont it too be harder,just so they can put ppl back into prison and over  crowed the prison system even more. iI have been abiding by the laws, so why should I or anyone else be punished for doing and trying to be a model citizen. If they feel that much about there new laws then they might as well put a gun too my head and kill me. I have since my crime and conviction felt bad for what i've done,I'ts in my life forever and i can't ever forget for what i had done. It haunts my evey day life. thankyou for your time.  

    • Scott says:

      And one thing i would like to add, I also have a 14yr.old son live's with his mother. he comitted a sex crime earlier this year. Does that mean even though not placed into detention or anywhere else,does that mean he will be put through the same punishment with the new laws because of his mistake?

  8. Hbgman says:

    Recent changes in PA registration requirements have extended what are nearly insurmountable difficulties in securing a stable life post-offense for many offenders

    Prior to this recent adoption of Adam Walsh law in PA, I have been a ten year registrant. I've completed almost eight years of that required reporting time. I had plead guilty to two misdemeanors in in 2005; indecent assault (under age 13) and corruption of minor. I've sincerely regretted that choice every day since, and I hold myself dutifully accountable. Since my offense, I have lived a moral ethical existence… more ethical than most people I know, and successfully completed post-offense therapy. I have not committed, nor have any desire to commit, any crime since. I've striven to secure a productive life for myself.

    I recently received a letter from PA State Police this week advising me that I am now reclassified as a Tier 3 offender under Adam Walsh federal mandate, and am now required to report quarterly for the remainder of my life. I've gone from a ten year State sentence/requirement to a lifetime Federal sentence/requirement… my conviction preceding these changes by several years, now grandfathering

    How is this justice befitting my state-imposed sentence years afterwards? I've served my sentence accepting full responsibility for my actions, succeeded in post-offense counseling, complied with all requirements and have lived my life with an unfaltering commitment to honor my victim (and all those affected by my crime) by being upstanding in all that I do.

    In the almost eight years since since my sentence, I've lost two of my three jobs in relation to the Megan's Law website… wherein during those dismissals, I was advised that the company(s) had received a complaint (from a customer or employee) about my employment there because I was a Megan's Law registrant. Presently, I have been unemployed for a little over a year, desperately seeking employment every day since losing work. I'm being denied employment opportunities, not merely due to my criminal record, but the stigma associated with my information found on Megan's Law.

    Prior to PA's adoption of the Adam Walsh bill(s), I was to fall-off of Megan's Law in 2015. I was so eager to be removed from that website… another obstacle resolved towards securing a secure, rehabilitated future. I now am being reclassified as a Lifetime registrant.

    I've prayed many times since that my victim is able to move forward in their life since the offense. Should I not be afford the same… to move forward in my own life post-offense, secure a stable life and remain a productive member of society. Megan's Law website seemingly remains a profound hindrance to that end. Every positive sincere effort I've made since towards completing my prior ten year registration is now rendered roughly superfluous with the advent of my new Lifetime Adam Walsh requirements.

    I'm not one to complain about my conviction… I did what I did, I fully accept responsibility. I'm not one to minimize the impact my crime may have presented, I've regretted it ever day since. But, I humbly and respectful say that, with the recent advent of the Adam Walsh requirements in PA, I feel that this extended punishment may now exceed my crime. Pleading to two misdemeanors should not warrant a lifetime conviction of social stigma and shame, lost job and housing opportunities, cessation of furthering adult education opportunities… for a person who has and continues to work so hard to secure a life as a productive and responsible member of society.

    • David says:

       hear you the very exact same thing is happening to me I did my time did my supervised release and am off the 10 year in 2015 and Like you am now told I have to reg for life, and was looking towards the end of this…but now they want to punish me till my death..

      • Elizabeth Fiedler says:

        I am a reporter for WHYY 90.9FM in Philadephia.  If you are interested in telling your story please email me at efiedler@whyy.org   Thank you, Elizabeth

  9. linda says:

    THIS IS RIDICULOUS. THE LAWS R WRONG WRONG WRONG!!!! MY SON WAS SERVING HIS COUNTRY. HE WAS IN A BAR DRINKING. HE MET A GIRL IN THE BAR. THEY HAD CONSENSUAL SEX THAT EVEING. FIND OUT SHE WAS 6 DAYS…..YES 6 DAYS FROM BEING 16. THIS GIRL SAID ON SATND MY SON HAD NO IDEA ABOUT HER AGE. HE HAD WITNESS'S TO PROVE HE MET HER IN THE BAR. MILITARY COURT. MY SON GOT 6 YEARS. WTH ….REALLY 6 YEARS? FELONE FOR LIFE AND WAS ON THE SEX OFENDER LIST FOR 10 YEARS. HE WOULD OF BEEN OFF IN JUNE 2014. HE HAS BEEN WAITING FOR THAT DATE TO RESTART HIS LIFE. NOW THEY HAVE HIM AS A LIFER…. REALLY? HOW MANY PPL DO U KNOW THAT MET SOMEONE IN A BAR GO HOME TO HAVE ~ CONSENUAL~ SEX AND ASK FOR A ID!!!! THESE LAWS R NOT RIGHT FOR EVERYBODY!!!! MY SON WAS RAILROADED. WHAT DO WE DO? HOW DO WE OVERTURN HIS CONFICTION, CAN WE? HOW DO WE AFFORD IT? THIS IS WRONG IN SO MANY WAYS. HE TOLD ME TODAY WHEN HE GOT THIS LETTER HIS LIFE IS OVER…. MY SON IS 29…..

    • Elizabeth Fiedler says:

      Dear Linda, I am a reporter for WHYY 90.9FM in Philadelphia.  Please call me if you are interested in talking about your story and what life is like for your son.   Thank you, Elizabeth Fiedler 215-351-3351

  10. Jim says:

    This is exactly the reason why this law when it took effect in Ohio it was fought against. The Supreme Court of Ohio came to a judgement that the retroactive effects have no merit and the Megan's Law division was ordered to return everyone back to their original requirements. I found out today from the division in Harrisburg that the comparable charge for my offense in Ohio is statutory sexual assault. now how is that fair from being convicted of just talking to a girl online where the age difference was 11 years and it being a misdameanor to now a tier 3. heres there kicker though. i found out that the state can not legally change me from an oriented offender to a violent predator. so even though i am now a tier 3, i am not subject to any community notification and just have to do lifetime registration. but heres the thing though. the law states these changes are for sexually violent predators.

    If the state of PA is on the record of me being only an oriented offender then how can i be a tier 3. something is not right here. i have a call in to a lawyer and awaiting his response to this. how can i be classified under a tier 3 violent predator when the state legally recognizes me as only an oriented offender? but here is the other little hidden thing i found out. if you pled guilty to two or more tier 1 or 2 offenses then regardless how minor you are automatically a tier 3. now how is that fair? that should not be automatic at all and should be determined on a case by case basis. The laws in Ohio have gone into effect but only for those who after the law was passed does it effect. the retroactivity portion was deemed unconstitutional and therefore thrown out. Im hopeing the same thing happens here in PA and all those (including myself) who are affected by this are able to return to their original judgements.

     

    By the way, if you look at the federal adam walsh act, under tier 1, it lists that you have to be registered for 15 years but at year 10 if you have a clean record you can be removed. So if you petition to federal court to be removed and are successful but you live in a state where its different, which law is correct? by Ohio law since i was deemed a low level 1 non-repeat offender and given 10 years which is still upheld in Ohio, if i go before federal court and present them with a judgement from Ohio that i have fulfilled my duties to register and under the adam walsh act where it states what i said and im granted it then does that trump any state law?

  11. Russ says:

    Article 1 Section 17 of PA. Constitution: No expost facto law, (retroactive law) nor any law impairing the obligation of contracts, or making irrevocable any grant of special privileges or immunities, shall be passed.

  12. dave says:

    is the law retroacted back to when i started my 10 yr s? in other words, will i start being on there for 15.years starting from year 1 or will i just serve 10 more years after doing !almost now?

  13. bill says:

    i was chrared with rape and corruption of minors a M1 and the rape was withdrawln and i got probation of corrution of minors will i have to be on megans law now?

    • J Het says:

      There is some grey area here.  B Free has stated that it is definitely only the Felony Charge, but I know that I (and others like yourself) have received the same information.  I have an emergency motion filed with my lawyer and hope to get in front of a judge in the next day or so.  I will advise the outcome and would like someone (who is absolutely 100% positive of the answer) what the real deal is.  I plead nolo in Dec. of 2011 to one M1 Corruption charge.  I got 5 yrs. of probation.  Some of the criminal complaint was sexual in nature, but at no time was it even discussed that the Corruption charge was the (ii.) Felony version.  

      • william says:

        J het did you get infront of a judge with that motion? my prbation officer told me over the phone that i could get a lawyer n fight it but i dont have the money for a lawyer n i have to go in there at noon today to freakin register this is crazy man ii should of been off probation six yrs ago for that charge but each time ive violated probation he violates that case to extend it instead of my other cases and i was suposed to be off probation all together december of 2013 and they send me this shit outta nowhere one week before i have to do this and theve known for how long this shit was gonna happen how can they give me a week notice

        • william says:

          also even on the state police website it says in the megans law crimes, it says coruption of minors and the felony versions number (6301a(i)ii) so wtf is going on

          • J Het says:

            I did get in front of a judge, yes and he struck it down.  I have to register on 12-27-12.  Merry Christmas.  I intend on fighting it if I can, but no, not even the judge or the State Police themselves are smart enough to interpret the law as it was signed.  I plead no contest to one count of misdemeanor 1 and I have to register.  

  14. william says:

    i recieved a letter from probation sayin that this megans law has changed and im identified as a offender, i was charged w corruption of minors and rape in 2004 and i plead guilty to a misdemeanor 1 corruption of minors and the remaining chrges were dropped and i keep reading on here that its only the felony version so what is the truth? can someone help me?

  15. Janet O says:

    Thank you! interfering w custody is what i plead guilty to. w/ Absolutly NO MENTION AT ALL about Anything w/ Megans Law..? smh, n now this. Come Thursday @ 2pm. I will be labeled a SEX OFFENDER… Me n My family are in shock right now.. To Appeal my Trial again in Supreme court its going to cost me 5,000 – 10,000 or even 20,000.  OUTRAGOUS!?! Never in a MILLLION yrs. did i think this would possible effect me. How will this effect my children? I take them to n from SCHOOL….?? SPORTS/PRACTICE??? Im so Confused, Scared, & Feel Forced… Megans Law is becoming a JOKE… n it SHOULDNT BE it was created to protect children,,, NOT see how many Friend Req. it can get…. THIS IS MY LIFE, MY FAMILIES & IM AN AMERICAN CITIZEN,, THIS IS NOT FARE  FREEDOM NOR RIGHT……. WITH THIS NEW LAW, SOON MY WHOLE STREET WILL BE ON MEGANS LAW…..

                  absolutly annoyed……

    • Jane Doe says:

      I totally agree with you. Megan's law is being made into something that it was not, using crimes that have nothing at all to do with the purpose of Megan's Law even being put into affect.. it's wrong of them to make it this way, there are people on there with crimes that do not involve issues that originally would of been placed on there and they are ruining the main cause for that law. I am beside myself over it all too due to it effecting my family as well and my husband took a plea bargain on a case with my daughter, who made accusations on him that his case did not fall under Megan's Law and he did not have to register, that was part of our plea bargain, we were forced to take a plea on this case due to a dishonest officer and evidence we had to prove him innocent not being able to be used in our trial, we have small children and we took the plea for a lighter sentence so that he would not have to be taken away from them. This was all said up front, they knew why and also we inquired on the Megan's Law issue for registering, any issues with our kids living with him due to the indecent assault charge, we did not want any more problems beings that we had to take a plea on a case that we knew he was innocent. Later to find out that he has to register, now there is a big problem because that was not part of our plea bargain that we accepted.. the law and the court system are very injustice in cases like these and this law being passed is not any better. They are messing with people's lives, children's lives and making everyone look like someone they are not at all.  What is this world coming to I ask myself everyday! Very sad, very corrupt and very Injustice! 

    • r . shrawder says:

      I know .. i went from no megans reg. to 10 yrs , update to life after 20 yrs. no crimes i could apply to be removed ,, to teir 3 lifetime reg. .. all for a 5 min. conversation with 2 girls 16 yrs. old and they approach me at a gas station … total setup ..
      The solution is that we (all of us ) must organize and fight these crazy laws and updates … 15,000 regestrants in pa. alone … thats 15,000 votes for the proper canidate thats willing to strike down these stupid oppressive laws … im trying to get something statrted in Pa.. ,,,, plz contact me if your willing to fight this garbage put out by our own government … TY

  16. S M says:

    To all of the comments here, I'm so sorry !  Yes, this new law is ridiculously UNJUST!   Something must be done!   There are many who agree that is WRONG!  There is some good information here and I m thankful that there are those working to turn this INJUSTICE around!  Hang in there!

  17. S M says:

    It appears that some legal officials are not interpreting this law correctly and making people who shouldn't register, to register.   With that said,  The Registry to start with had many flaws!  Now the new law is even more UNJUST!  It should've been thought out more before it was passed.  It appears that Sex Offenders (and some are mislabeled as that), do not have equal protection of the law! 

    • Jim says:

      this law should have never passed with the retroactivity of it. it is illegal and unjust. people who never had to register before are now being told they have to even though their charges at the time were not considered megans law violations. i have no problem with the law being for those who AFTER the 20th are punished by it but not those who were already convicted or given a judgement prior to the law going into effect. it is a retroactive punishment no matter how they try and word it. its unjust and illegal and nees to be dealt with immediately

      • David says:

        Very true Jim very true, but This is all John Walsh's doing he's so high strung an beaten with up with anger and hurt that, he has gotten so deep in with the government people and organizations about sex abuse that he's getting stuff passed and theres very few out there that want to help sex offenders that stuff like this gets passed…THEIR are a few states that have passed it like PA. and was challenged and had it struck down. Ohio for one and now theres a lawyer in Philly that will do it but he needs help, The ACLU won the case in Ohio, and part was because the retroactive I believe was deemed unconstitutional and double jeporady too and a violation to our due process

        My advice is everyone contact your local ACLU office and file a complaint and also check out my other posts and email this guy he's the liasion to that attorney whos willing to stand up for us and fight like Ohio did.. basically Pa. knew about Ohio winning but Pa. laughed and said so what people wont stand up to us. AND they passed it into law anyway..

        http://reformpennsylvanialaws@yahoo.com

        And get all the information and lets change this thing,

        • Jim says:

          not that i wish this on anyone but you know damn well if this retroactive law affected someone in government who wrote the law or any politician's son or daughter that this thing would be changed in a heartbeat.

          • Jane Doe says:

            I agree with that, 100% and that is the problem with the world today people don't think about what they are doing to others and how they would feel if it was themselves or someone that the loved so dearly that they were putting through all this. Megan's Law was not designed to be used like they are using it so therefore in my eyes I don't know who on there is a concern now and who isn't and I refuse to judge people and think of them all the same, because each and every one of us is a different person. These things like Megan's law and Amber Alert are put available to protect children not ruin people's lives as this one now has. Pennsylvania should be ashamed of themselves for bringing something like this into our state and making something good into a something that we now see if not. They are confusing the minds of those that  are concerned by adding people who are not violent sex offenders to this list, that list is to be of those who have committed more severe crimes then those who are now being placed on that list and with cases that lead to being considered sex crime cases a lot of people are not even guilty but they make it hard to prove their innocence which is unfair also. I really hope that someone in the Government can see this is wrong and what it is doing to others lives. 

      • william says:

        is there anything i can to like sue them i mean the guy registering me didnt even really understand it and my PO dont understand or have any answers for noone, my crime was whne i was 18 man and i screwed a minor and plead guilty to corruption of minor m1 and they have extended that case like 4 times instead of my other ones and now since im still on the probation i had to register this is crazy i mean i dont think this is right coming back almost ten yrs and screwing me like this, and they said cause its a 5 on the ogs that was the sexual nature corruption of minors and they had a corruption of minors ogs 4 for other shit but this isnt right man

        • David says:

          Best thing you can do william is contact the ACLU and email this guy hes got a civil right attorney willing to challenge this. But he need people willing to donate to the attorney and say enough I'm fighting back

          http://reformpennsylvanialaws@yahoo.com

          Just email this guy it doesnt hurt to look at options, I am donating to the cause as well

  18. Kevin says:

    I'm on Megan's law for something I didn't do. I was sixteen when I got arrested didn't know nothing about a lawyer or Megan's law. I need help clearing my name I have to register 4 times a year now. And if I could talk about it on here I would but the law says they need emails Facebook and myspace accounts I feel like I'm trapped please a lawyer reading this please help me or a private I 

  19. David says:

    I was convicted in 1996 on 5 counts all on one docket, and sentenced in federal court did my time came out went through supervised release did 8 years out of the 10 years that I was required to do, AND NOW with 2 years left just because of the 5 charges they throw me into tier 3 and say I have to do life….wheres the justice in that its more like more punishment….that is why I contacted the above post I put in and am donating to this lawyer to fight this bullshit…SO PLEASE if you want to change your situation read BELOW

    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

    • Jim says:

      the lawyer in philly you keep speaking of… would that happen to be brian fishman?

      • David says:

        No, email that guy in the link and he can explain more but i believe his last name is ends in berg

        • Jim says:

          i would like to know who it is before i contact him and i want to know any money i donate goes to him for only this specific issue

          • David says:

            I agree, Jim and thats why I said to email this guy as he can answer your questions better then I can.. Like who the attorney is how the money is spent and stuff like that I called the attorney's office and they told me this guy is the liasion between the attorney and the people who fights this and I dont know if they want me to put the attorneys name out that thats why you need to email this guy

          • jay says:

            i was charge with i.d.s.i in 1998 that was claim i did in 01-01-1994,told my atty kathlen martin i was in j.u.v placement at that time,she ask me prove it,i couldnt and she told me i would get 50 years if i didnt plea guilty,so i did.now i got proof i didnt do it,know one wants hear me now,i also have been changed to tire 3 from a 1,i was releasle in 2009 only to be on there for 10 years now its life time,in return ive contact a reporter and gave her all info i have,ive contacted so many attys about the a.w.a law AND they all tell me i dont have a case,iam from philadelphia but livein garnders,pa what needs to be done is a group of people need together and file class action suite,then as group the courts will place atty on the case for us.iam will do it with whoever whats stand up,you can contact me at petblack90@yahoo.com and we can all work together as one and fight for all are rights.

  20. Mr.Q says:

    This is nonsense, we as a people must stand together and fight this injustice. It violates the constitution and it's supported by people who don't care about reason,truth,fair justice and punishment or balance. I recommed that anyone who has the courage to check these links to this website and make your decision. http://www.gopetition.com/petitions/abolish-the-megan-s-law-registry.html

     

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

     

    Without knowledge and courage we can't defend our rights or create a better way of living in our country. Thank you very much.

    • Jane Doe says:

      Passed on the link for the Petition to sign in removing this law. Hope that does some good also. I know that there have been more signatures added since I have shared the link for it.. I am willing to help out in anyway I can because I do not agree with any of this and it is affecting the life of a loved one! 

  21. Robert says:

    I have been on megans law for 9 and 3/4 yrs. I was to be off in feb of 2013. Now I’m on it for life? Wtf…… I unfortunutly will not allow them to rob me of my constitutional rights, so I’m taking a stand and no longer registering after my original release date. If enough people did this then they would get the. Clue. They can’t throw everybody in jail there’s. Not enough room.

    • bill says:

      ur on your own they definetly would throw all us in jail thats what they want man, it needs changed back though this is crazy

      • David says:

        Thats exactly what they want,  Bill to lock us all away, regardless of what our situation is..I have 8 yrs in on a 10 reg. and LOL my one friend said oh they won't change the laws, yea, right I told him you watch, with John Walsh running his mouth on his soap box something is going to happen.. And now it has., thats why we all need to fight this

  22. elizabeth s says:

    how about it? i have 3 years to go in the 10 year period and now what? now a LIFETIME for a MISDEMEANOR 1 offense! plus, i have a child who was taken from me when it has nothing to do with him! i WILL BE CONTACTING THIS ATTOURNEY FOR CERTAIN!!!!!!!

    • David says:

      I feel ya Elizabeth I lost my family as well and haven't seen my son in 17 years and tried to contact him but they have brain washed him so I will die with out ever knowing him as a grown man. So yes please support the cause and contact the attorney and not only help us but help yourself in the process.

  23. David says:

    When I first got out I felt ashamed and tried to hold down a job but my health issues got the best of me not to mention my fear of being seen from the website, so I become a nermit and I hardly ever leave my house..And just when I thought I got my acid reflux and heart burn under control due to the stress and aggrevation they pack this on us, NOW my heartburn and acid reelux has come roaring back..I also wonder why fight it just give in and do as they want us to do commit sucide or sucide by cop..BUT then I think WHY that WOULD only let them WIN…And I hate to see bullies roll over people and thats what JOHN WALSH and the State Of Pennsylvania is doing to  us they are BULLYING us after we have already paid our debt to society and now they are BULLYING us into accepting more punishment…DON'T they know those of us who are truly sorry for what we have done LIVE day by day with the guilt on our souls and minds…I'm sorry for rambling on but this really has me upset because its unfair and unconstitutional and it needs not only to be revoked at state level it needs to be repelled at the federal level as well. And someone needs to slap the crap out of John Walsh and say listen its ashame about your son but let him rest inpeace and move on..YOU DID enough already time to retire and enjoy your grandkids

  24. Jay says:

    Here is my issue, I'm told I am now reclassified as a Tier III offender.  My crime was 6312(d), which as the new law lists is a Tier 1.  So how am I now listed as a Tier III?  It clearly states  I should remain a tier 1.  Something is definitely amiss.  

    As for all the ex post facto.. I only had 7 months left of my 10 years.. .those persons who got of the list as of 12/19 get to walk away clean and be removed but with only 7 months left I now am looking at a 50% increase in my time.  On top of my an even BIGGER concern is what will stop them 4.5 years from now to increasing it to 20?!?!  

    Hopefully maybe an attorney can answer this.. with all the thousands of offenders registered in the state of Pennsylvania, is there not enough of us to come together under a class action law suit and file to have the law repealed??  Or file grievance under ex post facto???  It seems to me the sheer number of persons should give us a voice if we can all come together to fight this.  There are thousands upon thousands of current registrants in each county of the state.   We all carry a vote.  Politicians may not stick their necks out to help offenders, but they will find ways to cooperate if they think they can get another 100 thousand votes at re-eelction time.

    I say this: THE REASON THE GOVERNMENT GETS AWAY WITH THIS IS BECAUSE WE DON'T JOIN TOGETHER AS ONE VOICE AND TAKE IT TO THE CAPITAL STEPS!  

    I wonder what Gov.t' Corbitt woud think with 50.000 sex offenders in the capital all demonstating against their clear and gross neglect of the US constitution.  The citizens of Harrisburg would be on our side simply to get 50,000 registered sex offenders to go away!  It's time state wide and nationally we come together and fight for our rights instead of continuing to allow them to shame us into silence and let another offense AGAINST us come to pass.

    My two cents.

    • william` says:

      if i had the extra money to get a lawyer i would i dont have any extra money at all ad im having a daughter in 3 weeks or less and i was 18 n the girl 15 when this happened its been 9 yrs i plead to corruption of minors m1 offencive gravity 5. this is bs i only had 18 months probation and i violated it a few times with new cases BUT my po always violates that one case and i shoulda been DONE with that case in 2006 but he only ever violated that case i was never found to be a sex offender and now they sent me that damn letter on the 15th of dec sayin i had to do this shit on the 20th like wtf my po dont have answers but he said if i woulda never violated i wouldnt have to deal with this like they dont give a shit at all and noone knows wtf they are talking about, i just dont understand how they can ruin people like me and hhundreds or thousands of others that shouldnt be on this,

    • jay says:

      i,m with it petblack90@yahoo.com contact me WE need to set up dates times we all can meet up in harrisburgh and set down and protest this at the captial building in pa,they think we are all pussies that are gone lay down and take it.WE need to take a stand for all OUR RIGHTS.they will threating to lock us up they will taunt us out there,but as long as we stand as one stand strong and rem what we are fighting for we can do this and win this………

  25. Joe says:

    So Governer Corbett signs the new PA sex offender registration law into effect.  Probably part of the reason is because PA gets federal money to run the program…if they don't put the new law into effect, they don't get the money.  Now Governer Corbett is suing the NCAA because of sanctions on Penn State because of the outcome of Jerry Sandusky.  It looks to me as if Governer Corbett is more worried about the money than the sex offender law.  Does this sound like a possible law suit?

  26. Rick says:

    I, after trying to fight the charges plead guilty in 2004 to sexual assault of a child and possession of child pornography after my then wife of four years decided she was going to report me for having a video tape mutually made between us on our honeymoon. I was 19 and she was 16, pregnant and had a parent sign for us to get married. The tape as made 1 week after we were married. It was in the basement of our home in a box somewhere. She did not report it until almost a year after our separation. During which I gained FULL custody of our child due to neglect. The report was made to the state police only a short time after she had to start paying me child support.

    The state police obtained a search warrant from the judge who married us and found the tape. They immediately took my son away because I was "a danger to him". I was placed on 6mo. probation and was told I would not have to register with anyone. A year later I was placed on Megan's law and was told I had to register for 10 years. I tried to contact the state but they told me that there was nothing I could do. I contacted the judge and he told me to get the transcripts from the hearing. When I tried to do that I was denied several times with several reasons the last of which was that they were lost in a flood. It has been 10 years since I was charged with the crimes and was due to come off of Megan's Law next year 2014. Now I received a letter saying I will be bumped up to 15 years due to the Adam Walsh Act. I am presently disabled and have no income. I am well educated but I haven’t been able to find a job due to the record. I have a severe spinal disease which precludes me from doing physically demanding work. I have been in a relationship for quite a while now with a girl I met in Denmark 18 years ago and who I've keep in contact with since then. Now I find out that we can get married but that immigration will deny our application due to the Adam Walsh Act. Can anyone point me in the right direction? I am tired of this nonsense ruining my entire life. I don’t know who to contact to get help and am begging for any assistance. Thank you!

     

  27. carolyn says:

    my husband did not have to registered as a sex offender when he came home jail injune it has been year then he got a lrtter in the mail telling him now that he has to he had non registered offence . now he is a teir 3 for the rest of his life  to me that is not fare he is going to be off prole  this year  then he would be done . it real worries me because it has been real hard on us . i do see if a person had anon registered crime just let them alone .

  28. Jacob says:

    What I want to know is this: Right now I live in Missouri as a registered sex offense (non-violent) and I get off probation next year and a family I know in Bucks County wants me to move in with them when I finish probation. What would be my requirements to register? I found something some time ago that said once I finish probation and move to PA I would only have to register once. Can anyone email me and let me know what the right thing is? Thanks.

    jacobbye@gmail.com 

  29. Draco says:

     

    Maybe it is not so surprising that all we can think to do with a subject we are simultaneously obsessed with and repulsed by is to shout our alarm about it at every opportunity.

    Sex crimes: The only kind of offence in the United States that compels all convicted perpetrators to register their name, address, date of birth, fingerprints and a photograph on a public website.

    And what constitutes a sex crime? The breadth of this damning classification is alarming and includes public urination, consensual teen sex, sale of sex and exposure of genitals (including in the case of children) – as well as violent rape.

    One poignant example of the irrationality and senseless devastation of overreaching sex offender laws is the story of Evan B, as told by Lara Geer Farley. When Evan was in high school he was arrested for exposing himself to a group of his female peers. A court sentenced him to four months in prison, but after he was released he was obliged to register as a sex offender. The stigma drove Evan to drop out of school, leave his home in Salina, Oklahoma and move to Tulsa, where the arduous requirements associated with his sex offender status meant that he could not maintain employment. A month before he should have turned 20, Evan shot and killed himself.

    And this: A comprehensive Human Rights Watch report, published in 2007, draws attention to the common case of teenage boys aged 15, 16, 17, who have consensual sex with their teenaged girlfriends, finding themselves charged with pedophilia. They will be labelled and publicly registered as "pedophiles" for the rest of their lives.

    In some states, boys as young as 10 who expose themselves to their female friends or relatives are forced to register as a "sex offender" before they understand what sex – or exposure – is.

    "In some states, boys as young as 10 who expose themselves to their female friends or relatives are forced to register as 'sex offender' before they understand what sex – or exposure – is."

     

    Outcasts

    Additional laws that govern the lives of sex offenders after they are released from prison (if time is served) vary from state to state. But for all, surveillance and stringent notification guidelines are key. In addition to publicising one's status on a website, some states require registrants (the preferred moniker) to inform their neighbours, future employers, landlords, delivery men – or any other solicitor or visitor who knocks on their door – of their status as a "sex offender".

    Some states require convicts to wear GPS devices, so that law enforcers can monitor their whereabouts at all time.

    Louisiana requires registrants to advertise their status in large red type on their driver's licence.

    Other states require periodic plethysmograph tests, in which a pressure sensitive wire is connected to the registrant's penis while being shown various sexual images. The test is designed to detect "sexual deviance".

    The registrant is required to attend therapy and "behaviour modification" sessions, check in with probation officers, as well as, of course, engage the services of an attorney, none of which is cheap. Most of these costs are carried by the offender, or as is often the case, his parents. 

    In addition to adopting legislation that inverts the life of anyone cast as a sex offender – making him quite literally a public spectacle – hundreds of counties have established "exclusion zones". These are areas that surround various public places – parks, schools, libraries, etc – where registrants may not live, work or even walk by.

    The proliferation of sex offender registration and residency restriction laws began in 1994 when the US Congress and Senate unanimously passed the Wetterling Act, which required convicted sex offenders to register their information with the state of their residence. Over the past two decades, the federal government has passed law after law that publicised the registry, tightened its stringency and perhaps most crucial, broadened its domain.

    In 2006, Congress passed the Adam Walsh Act, which aimed to eliminate the inconsistencies among different states' sex offender laws. However, the ugly reality is that it expanded the "sex offences" that demanded registration and thus doomed juvenile, non-violent offenders to, potentially, a lifetime of registration. The law was easily renewed by the US House of Representatives this August – a true indicator of just how politically expedient these laws are.

    Even Patty Wetterling, the woman responsible for the enactment of the Wetterling law, in 2006 lamented the direction the country had taken to handle sex offences: "People want a silver bullet that will protect their children, [but] there is no silver bullet. There is no simple cure to the very complex problem of sexual violence."

    "As many as 90 per cent of sexual assault cases are conducted by family members or acquaintances."

     

    Advocates of "sex offenders" speak up

    Hard evidence and reason suggest that registries and residential requirements do nothing to protect society from sexual assaults. Arguments in support of registration laws rest on a fear-based assumption that notification will protect children, but that assumption is baseless: As many as 90 per cent of sexual assault cases are conducted by family members or acquaintances. Furthermore, recidivism rates among sex offenders are under 25 per cent.

    While sex offender laws provide the illusion of "security", the reality remains that rapists continue to walk free. According to statistics compiled by the US Department of Justice, 91 per cent of rapists will never be prosecuted, and only a fraction of those will be convicted or spend time in jail.

    Nevertheless, these laws keep coming.

    This year in Southern California, as Halloween approaches, some counties have passed ordinances banning registrants from decorating their houses with cobwebs and pumpkins, instead requiring they post a placard that notifies all passersby that there are "No candy or treats at this residence". Furthermore, registrants may have no outside lighting on October 31.

    California's branch of the national coalition, Reform Sex Offender Laws, has filed a lawsuit against the ordinance on behalf of five unnamed sex offenders, as well as three of their spouses and two of their children. The suit claims the ordinance violates the plaintiffs' first amendment rights – by both forcing speech and denying their right to celebrate the holiday.

    In the meantime, a San Francisco law firm has filed a case against the stringent residency restrictions placed on registrants in four counties in Southern California.

    These lawsuits in California are some of the first legal challenges to the mounting set of restrictions placed on a broad class of "criminals" throughout the country.

    News of lawsuits challenging punitive legislation is appearing next to headlines reporting that some states may well reject the Adam Walsh Act because they simply don't have the funds to implement its burdensome requirements (Texas estimated it would cost $38m) or are ethically opposed to legislation that would place juvenile offenders on a registry for life.

    The hypocrisy of sex offender laws that allege to combat sexual crime by pouring millions into surveillance and registry programmes is reflected in the difficulty experienced by rape support centres that are struggling to merely survive.

    The National Alliance to End Sexual Violence (NAESV) reported in a 2012 Rape Crisis Center Survey that 67 per cent of rape crisis centres were forced to reduce the amount of hours they spend dedicated to prevention and awareness programmes; 50 per cent of programmes have eliminated staff in the past year; and 65 per cent of programmes have a waiting list for counseling services.

    Sex offender laws have enabled the creation of a being – the pariah – the very notion of which is rooted in an unenlightened (and assumed by most of us to be discarded) view of humanity. A society must surely protect its vulnerable members from violence and assault. Draconian sex offender laws do not further that aim. They have simply accorded the state the power to brand an individual as undeserving of the most basic human and civil rights.

  30. willo says:

    my son pled and took a felony for consentual non -violent because they offerd no megans list…

    it is not legal for them to go back on that… He served his time and is finishing his probation … How can they do this when that is what the DA offered and they only got the conviction because aof a promise

     

  31. Jay says:

    Hello All,

    I was recently due to be released from my 10 year requirement as of July 21st, 2013.  Unfortunately the new law that went into effect on 12/20/2012 changed all that.  I should now be a 15 year registrant however my requirements were changed to LIFETIME.  With that said, if you are effected in the manner I am, have an attorney look at your original docket.  I say this because I only pled nolo contendo to ONE single count and was only convicted of ONE single count.  However, Adams County's records don't display that clearly.  According to an attorney that I had look at my docket, the record shows that I was convicted of two counts, and then on page FIFTEEN it clearly shows all but one count were dropped.  The records were never updated correctly to reflect it, and the powers that be that decide who has to register and why never read through my docket to page fifteen.  Now, unfortunately I am STILL required to register as a LIFETIME requirement simply because it seems the only way to get this resolved is through a lawyer who will stand in trial court and argue for it to be changed.  In my case out of 5 different attornies I've talked to, the cheapest I have found requires a $7500.00 to start!  So like everything, PA has found a way to turn the whole thing into a monetary racket or so it would seem.  If you are lucky enough to find an attorney who actually cares, or has pro bono work to catch up on, I highly suggest you have them go over your docket to make SURE your new requirements are correct.  I am living example that those who are in charge, are NOT doing their job in assigning proper registration requirements to us.  Good luck and I hope this will help someone out there.

    • B Free says:

      Jay,

      I’m sorry to hear about your issue. Assuming you are factually correct, and assuming the offense for which you were convicted is Tier 1, you may consider the three options below.

      1) save money until you can afford a lawyer to file a motion,
      2) do some research and file a motion pro se,
      3) speak with an ADA

      FYI there was recently a Supreme Court case that addressed the issue of someone having to register for life due to convictions for multiple counts or multiple offenses resulting from the same act (Commonwealth v. Gehris, 54 A.3d 862, 2012 Pa. LEXIS 3024 (Pa. 2012)).  Unfortunately it was an evenly divided decision.

  32. James F. Parnell Sr says:

    I was sentenced to a m1 statutory rape cause the young lady lied about her age and I was not suppose to be in more than five months and when I got out in March 13 law changed I was not supposed to reagerster and I was too late to reagerster

  33. mary says:

    Does anyone know if any expo factor cases have been seen by the supreme court yet? Has any progress been made in appealing the new laws yet?

    • B Free says:

      Mary,

      There are several important cases making their way through the system. Ex post facto is one of them. I’ll be sure to post any important rulings when they occur.

       

  34. Chasity says:

    Hello,

         My husband was wrongfully accused in 2006 by his daughter that did not want to live with him, so he got 10 yrs to regestor as a sex offender, so we decided since it was 10 yrs why fight and go ahead with our lives since we fought already for 3 yrs, we were by this time broke, exhausted and just wanted to go on with our life's, but since the law changed in 2012, he is now lifetime, but when he goes every 3 months the police say don't waste ur money u don't have let others fight for u, what my point or question is? If they happen to when since we were in the grandfather law, do they win for all that was in the grandfather law or just for themselves ??? Thank you so much.

    • Matthew says:

      Chasity,

      I honestly don't know what to tell you but, you can to the right place, and also look into a website called http://www.reformsexoffenderlaws.org

      They have some good advice and also have a blog called Tales From the registry, where people can share their stories and get advice also.

      I to am in the same boat, had 10 years to do starting in 2004 when I got out of Federal Prison. And was ignorant, thinking oh 10 years, now I am life time due to this new law.

      If, I would have know about all this BS when I got out, I would have started back then to try and hange things.

      But, Like Rick said on here about the Congressmen not wanting to touch this and the ACLU, being SCARED, to help.

      When my membership runs out with them I won't be renewing, AS its a waste if they won't help with what I feel needs changed.

      But, it all boils down to ANY congressmen, who fights against anything dealing with SEX OFFENDER's more or less doesn't stand a chance of getting re-elected.

      At least thats the way I see it, but, the people on this web site and the other one I mentioned, are good smart, caring people that see the problems and are standing up to try and change things.

       

  35. Tom says:

    I was convicted of a possession of obscene materials, a misdemeanor. In 2006 I moved to Ohio where I was classified as a tier 1 sex offender under SORNA. I returned to PA in 2009, and now I'm a tier 2 that has to register for 25 years. Why if I was tier 1 in OH am I tier 2 in PA? I thought this was to bring all the SO laws together?

     

    I should have stayed in OH.

  36. Tom says:

    I have a son and I family and I thought this nightmare was over for all of us just to have something that happened to me 10 years ago, when I was 19 years old. **mess** it all up again. I just want to live in piece. There wasn't any evidence I even was DID was I was accused of, but since it was my computer I was required by law to assume the responsibility, and I did without a fight. I have committed no crimes sexual in nature or otherwise. I've had both the Sex Offender review board psych and another private one say I wasn't a pedophile. I didn't even serve any jail time. If my lawyer came back and said that they wanted me on Megan's law for 25 years I would have fought it. Looking back I shouldn't have been afraid and stood up for what I know was the truth.

  37. Kevin says:

    Can anyone comment on the recent ruling coming out of Monroe county concerning juvenile sex offender registration? From my reading of the opinion, the judge states that one's reputation is constitutionally protected from harm under the PA constitution. Sex offender registration for juveniles harms that reputation thus juveniles deserve due process prior to registration to determine if their dangerousness is high enough to warrant the destruction of their reputation.

    After reading the entire opinion, it seems to me that the fact that the petitioners were juveniles is only very weakly related to the ruling. In other words, I believe the judge could have come to the same conclusion for an adult. Does anyone concur with that? Could this set the stage for an adult pertitioning for due process prior to registration?

  38. hal says:

    http://caselaw.findlaw.com/pa-commonwealth-court/1659605.html

    Here is a recent appellate ruling where a ten year registration
    was enforced even though Sorna snagged him as a lifetime registrant
    Due to two or more convictions based on the same episode.

    • Jim says:

      wow that is a pretty significant order and a huge victory and paves the way for those who were changed from 10 years to lifetime because of that stupid subsection.

  39. Bob says:

    I was wrongly "convicted" of being a SVP in Pennsylvania, and while this does not change my reporting status it does affect my life. I have to spend the rest of my life in "counseling", take yearly polys (at my own expense) and random polys until I'm done with supervision (10 years) These Draconian measures will NOT get better, RSO's are the scapegoats for society's often misdirected anger. I beleive in protecting children and using competent methods and scientific means, however when the statistics tell us that things don't work and that the media is using scare tactics then it's time to stand up for ourselves and those who are afraid to be heard. I agree that there are a substantial number of people on the registry who do not belong and also a vast amount who are not a threat. Soon enough the "moral" majority will no longer consist of just those who beleive they are better than the rest……

    • William says:

      I got a letter yesterday from the pa state police megans law headquarters and it says they reviewed my record and ii no longer am required to register. Like why all of a sudden it’s ALLREADY been two years can I sue

      • B Free says:

        Congrats William. Was this is regard to Corruption of Minors?

        • William says:

          Yea they said someone just won there appeal so everyone that had the corruption before 2010 won’t have to do this bullshit nomore and are cleared. My question is wtf about my reputation they destroyed can I sue

  40. John says:

    Hey William, I just received a letter 6/21 saying I no longer have to register for the corruption of minors charge tier 1. I seen that envelope and thought “OH Boy” here we go they moved my tier up but to my surprise no for once. Let out a yell of relief though! But You are exactly right our reputation is ruined and scared, even lost my job because a school was too close to work. Don’t know if you can put a suit against the state or not. Maybe someone on here can answer that.. Good luck to others!

    • B Free says:

      Glad to here that John. I just want to add that the Law Offices of David S. Shrager had a lot to do with this decision, and hope that you all can support them in your own way.

      • Jim says:

        just so i read you correctly from a previous response… the two or more tier I and II charges to automatically make you a tier III rule is currently being challenged?

        • B Free says:

          Yes. In March of this year, the Commonwealth Court of Pennsylvania ruled favorably in regard to this matter, stating “The Pennsylvania State Police (PSP) erred when it refused to change a sexual offender’s (SO) registration status under former 42 Pa.C.S. § 9795.1 (presently at 42 Pa.C.S. § 9799.16) from a lifetime registrant under former § 9795.1(b)(1) to a 10-year registrant under former § 9795.1(a)(1) because his two separate crimes involving photographs of the same minor were clearly the result of a “single criminal episode” that was all part of one “logically related act”.

          I did not post this decision because 1) there was a Superior Court decision that ruled otherwise, and 2) the PA Supreme Court is currently deciding this particular issue in another case. THE PASC’s decision will be the one that really matters.

  41. Jim says:

    ahh ok very interesting. if this is overturned and ruled invalid then im sure alot more individuals would be receiving that letter of reprieve that people are getting now. is there any indication that the Commonwealth’s decision will hold up in PASC despite the Superior Court’s opposite ruling? and when possibly might that come out?

    • B Free says:

      There is no indication in either direction. The last time the PASC analyzed this issue, there was an evenly divided court.

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