In December of 2013, we discussed the PA Superior Court's decision in Hainesworth, wherein the court found that the defendant was not required to register as a sex offender retroactively under SORNA because non-registration was a term of his plea contract. On September 9, 2014, the Superior Court expanded this legal rationale to include the extension of one's registration period. In Commonwealth v. Nase, 2014 (Pa. Super. Ct. 2014), the defendant accepted a plea bargain that required him to register under Megan's Law for a period of 10 years. Subsequent to the passage of the new version of Megan's Law on December 20, 2012, however, he was told that his registration period had been extended to 25 years. After being denied relief by the lower court, he appealed to the Superior Court of Pennsylvania. The Superior Court applied the same legal analysis used in Hainesworth, and was tasked with determining whether the "ten-year registration period was a material part of the plea agreement." It found that the record in the case did establish that a ten-year period of registration was part of Appellant's plea agreement, and that he "is entitled to the benefit of his bargain, and is not subject to additional registration beyond that envisioned by his plea agreement." It is not clear what the standard of proof is when determining whether registration, or a registration period was a condition of a plea agreement, but based upon the Hainesworth and Nase cases, one has a much better chance of winning this legal challenge if there is some mentioning of either condition in the plea transcript. This is not to say that a legal challenge could not be made based upon implicit evidence, however.
UPDATE DECEMBER 2016: See the most recent favorable verdicts regarding this issue:
Please note that our firm does not handle registration issues, but strives to provide the public with a clear understanding of the laws. If this ruling is applicable to your situation, you should contact and hire a criminal defense attorney in your area immediately. If you or someone you know is currently being charged with a sex crime and needs legal assistance, please visit our website and contact us. 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.