Category Archives: SORNA

SVP Designation Under PA SORNA Deemed Unconstitutional

On October 31, 2017, the PA Superior Court (in Commonwealth v. Butler, 2017 PA Super 344) ruled that the methodology or “framework” used to designate individuals as Sexually Violent Predators (SVPs) under the State’s SORNA laws is unconstitutional. Pennsylvania law (42 … Continue reading

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PA Supreme Court Declares Retroactive Application of SORNA / Megan’s Law Unconstitutional – 2017

****UPDATE – Petition for Writ of Certiorari Denied – U.S. Supreme Court Appeal – January 22, 2018 – This means that the below ruling was not disturbed**** Since Pennsylvania’s implementation of SORNA on December 20, 2012, numerous legal challenges regarding its seemingly … Continue reading

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PA Supreme Court: “Two or More Convictions” Must Stem From Multiple Acts & Convictions to Trigger Lifetime Registration Requirement

Section 9799.14 of Pennsylvania’s sex offender registration laws classifies the State’s sexual offenses into three tiers: Tier 1 requiring a 15-year registration period, Tier 2 requiring a 25-year registration period, and Tier III requiring lifetime registration. Included under the Tier … Continue reading

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Extending Registration Period in PA Violates Contract Law

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 … Continue reading

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PA Superior Court Upholds Enforcement of Plea Agreement Precluding Sex Offender Registration

Prior to reading this article, we recommend that you first read our previous article in which we discussed the laws surrounding plea agreements, and the issue of plea agreements involving sex offender registration. On December 12, 2012, a Pennsylvania Common … Continue reading

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Padilla – What It Means for Ex Post Facto Violations

Sex offender registration (SOR) in Pennsylvania has long been considered to be a collateral consequence as opposed to a direct consequence. A few examples of "collateral consequences" include the loss of the right to vote, the loss of the right to … Continue reading

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