SORNA Laws Coming To Pennsylvania

If senate bill 1183 is passed into law this month, hundreds of Pennsylvania’s will be forced into registering under Megan’s Law, even though they were not required to do so at the time of their sentencing. In addition, stiffer requirements and penalties will be imposed upon anyone who is required to register.

Below are the highlights of the proposed bill, which were based upon the Sex Offender Registration and Notification Act (SORNA).

Who Must Register Under New Provisions?

The following individuals present in this Commonwealth shall register with the Pennsylvania State Police for life, subject to the provisions of section 9799.15 (relating to exemption from registration and public notification for Pennsylvania offenders) and 9799.17 (relating to exemption from registration and public notification for out-of-State offenders). (page 64)

(1) Individuals who, on or after the effective date of this section, are convicted of a Class 1, Class 2 or Class 3 sexual offense or a similar offense under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, a federally recognized Indian tribe or a foreign nation.
(2) Individuals who, on or after the effective date of this section, are convicted of any Federal or military offense enumerated in 42 U.S.C. § 16911(5)(A)(iii), (iv) and (v) (relating to relevant definitions, including Amie Zyla expansion of sex offender definition and expanded inclusion of child predator) or who, on the effective date of this section, are required to register under a sexual offender statute in the jurisdiction where the individual was convicted, sentenced, adjudicated delinquent or court martialed.
(3) Individuals who, on or after the effective date of this section, are incarcerated, serving a sentence of intermediate punishment or under the supervision of the Pennsylvania Board of Probation and Parole or any Federal or county probation and parole office for a Class 1, Class 2 or Class 3 offense or a similar offense under a former law of this Commonwealth or the laws of the United States or one of its territories or possessions, another state, the District of Columbia, a federally recognized Indian tribe or a foreign nation or for an offense enumerated in 42 U.S.C. § 16911(5) (A)(iii), (iv) and (v).
(4) Individuals who, on or after the effective date of this section, are convicted of or incarcerated, serving a sentence of intermediate punishment or under the supervision of the Pennsylvania Board of Probation and Parole or any county probation and parole office for any offense punishable by a maximum term of imprisonment exceeding one year, if the individual was previously convicted at any time of a Class 1, Class 2 or Class 3 sexual offense or a similar offense under a former law of this Commonwealth or the laws of the United States or one of its territories or possessions, another state, the District of Columbia, a federally recognized Indian tribe or a foreign nation or for an offense enumerated in 42 U.S.C. § 16911(5)(A)(iii), (iv) and (v).
(5) Individuals who, on or after the effective date of this section, are adjudicated delinquent following a determination by the court that the individual has committed any of the following offenses or similar offenses under the laws of the United States or one of its territories or possessions, another state, the District of Columbia, a federally recognized Indian tribe or a foreign nation: (i) 18 Pa.C.S. § 901 (relating to criminal attempt) if the underlying offense is listed in subparagraph (iii), (iv) or (v). (ii) 18 Pa.C.S. § 903 (relating to criminal conspiracy) if the underlying offense is listed in subparagraph (iii), (iv) or (v). (iii) 18 Pa.C.S. § 3121 (relating to rape). (iv) 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse). (v) 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).

Sexual Offense Tiers  (page 57)

“Class 1 sexual offense.” Any of the following offenses or of attempt, solicitation or conspiracy to commit any of the following offenses:
18 Pa.C.S. § 2902 (relating to unlawful restraint) if the victim is a minor and the perpetrator is not the victim’s parent.
18 Pa.C.S. § 2903 (relating to false imprisonment) if the victim is a minor and the perpetrator is not the victim’ s parent.
18 Pa.C.S. § 2904 (relating to interference with custody of children) if the victim is a minor and the perpetrator is not the victim’s parent.
18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure).
18 Pa.C.S. § 3124.2 (relating to institutional sexual assault) if the victim is not a minor.
18 Pa.C.S. § 3126 (relating to indecent assault) if the offense is graded a misdemeanor of the first degree or higher and the punishment is less than on e year .
18 Pa.C.S. § 7507.1 (relating to invasion of privacy).

“Class 2 sexual offense.” Any of the following offenses or of attempt, solicitation or conspiracy to commit any of the following offenses:
18 Pa.C.S. § 3126 (relating to indecent assault) if the offense is graded as a misdemeanor of the first degree or higher and the punishment is one year or more or if the individual was previously convicted of 18 Pa.C.S. § 3126.
18 Pa.C.S. § 5902(b) (relating to prostitution and related offenses) if the actor promoted the prostitution of a minor.
18 Pa.C.S.§ 5903(a)(3), (4), (5), or (6) (relating to obscene and other sexual materials and performances) if the victim is a minor.
18 Pa.C.S. § 6312 (relating to sexual abuse of children).
18 Pa.C.S. § 6318 (relating to unlawful contact with minor).
18 Pa.C.S. § 6320 (relating to sexual exploitation of children).

“Class 3 sexual offense.” Any of the following offenses or of attempt, solicitation or conspiracy to commit any of the following offenses:
18 Pa.C.S. § 2901 (relating to kidnapping) if the victim is a minor.
18 Pa.C.S. § 3121 (relating to rape).
18 Pa.C.S. § 3122.1 (relating to statutory sexual assault).
18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).
18 Pa.C.S. § 3124.1 (relating to sexual assault).
18 Pa.C.S. § 3124.2 (relating to institutional sexual assault) if the victim is a minor.
18 Pa.C.S. § 3125 (relating to aggravated indecent assault).
18 Pa.C.S. § 3126 (relating to indecent assault) if the offense is graded as a misdemeanor of the first degree o r higher, the victim is less than 13 years of age, and the punishment is one year or more.
18 Pa.C.S. § 4302 (relating to incest) if the victim is less than 13 years of age or the victim is 13 to 18 years of age and the offender is at least four years older than the victim.

Other Notable SORNA Changes

1. It will be a felony a) for anyone to assist a sex offender that is eluding police because of non-compliance with conditions of registration, and b) for anyone to withhold or not notify authorities about a sex offender’s non-compliance. (page 1)

2. No one is required to notify you to register or update information – not being notified is not a defense. (page 5)

3. Mandatory Minimum Penalties for Registration Violation 1st time. (page 9)
a. Class 1 and 2 @4915 a(1) or (2) – 2 years
b. Class 1 and 2 @4915 a(3) – 3 years
c. Class 3 or SVP @4915 a(1) or  2) – 3 years
d. Class 3 or SVP @4915 a(3) – 5 years
***4915a (1)  register with the Pennsylvania State Police or report a change in registration information as required under 42 Pa.C.S. [§ 9795.2 (relating to registration procedures and applicability)
***4915a (2)  verify his address or registration information or be photographed as required under 42 Pa.C.S. [§ 9796 (relating to verification of residence)] Ch. 97 Subch. H;
***4915a (3)  provide accurate information when registering [under 42 Pa.C.S. § 9795.2], reporting a change in registration or verifying an address or registration information as required under 42 Pa.C.S. [§ 9796]

4. Mandatory Minimum Penalties for Registration Violation 2nd time.
a. @4915 a(1) or (2) – 5 years
b. @4915 a(3) – 7 years

5. Mandatory sentence of 25 years for anyone convicted of a second sex offense, including offenses from out of state, or military offense. (page 08)

6. Class 1 and 2 sexual offenders can be removed from the registry. (page 80)

Class 1 sexual offenders.–A Class 1 sexual offender may petition the court of common pleas where the offender was convicted of a registrable offense to be exempt from registration under section 9799.13 (relating to registration) and public notification under section 9799.23 (relating to information made available to the public), if:
(1) No less than 15 years have passed since the offender was convicted of the registrable offense, excluding any time that the offender was in custody or civilly committed.
(2) During the 15-year period, the offender met all of the removal criteria.

(Class 2 sexual offenders.–A Class 2 sexual offender may petition the court of common pleas where the offender was convicted of a registrable offense to be exempt from registration under section 9799.13 and public notification under section 9799.23, if:
(1) No less than 25 years have passed since the offender was convicted of the registrable offense, excluding any time the offender was in custody or civilly committed.
(2) During the 25-year period, the offender met all of the removal criteria.

7. An offender shall appear in person at an approved registration site to complete a change of information form within 72 hours of any change in registration information.

8. An offender shall provide notice to the Pennsylvania State Police at least ten days before traveling outside of this Commonwealth and at least 21 days before traveling outside of the United States.

9. An offender who resides or is habitually located in this Commonwealth and who will travel from the offender’s residence or habitual locale to any location for at least seven days shall, not less than ten days in advance of travel, appear at an approved registration site and notify the Pennsylvania State Police of the place at which the offender will be temporarily lodged and the duration of the travel.

10.
a) Class 3 sex offenders shall verify their registration information every 90 days in person.
b) Class 2 sex offenders shall verify their registration information every 180 days in person.
c) Class 1 sex offenders shall verify their registration information annually in person.

Other topics not covered herein:

1) out-of-state offenders
2) sexually violent predators
3) law enforcement duties

View complete PA Senate Bill 1183