If you are an RSO or care about one then please read the summary of the new registration requirements the law requires. Needless to say, this is a more punitive and retroactive set of requirements for ex-offenders and their families and friends. One example of the misguided nature of the law is your dangerousness level i.e. Tier is offense based and does not allow for, say, a panel to determine ones level. There is no incentivization or mechanism built into the law to allow for one to petition to reduce his compulsory dangerousness level, no matter what. If you have a offense against a minor, for instance, you are "Tier III" and on the registry for life and all that means. If you don't live in a state that has enacted the AWA, read through it below-it may be passed in your state someday. For those of us in Massachusetts, it is possible we are one very horrible and public case away from politicians enacting the AWA.
Wait, there's good news!
-Richard
HELP FIGHT THE AWA!
Attorney
Information:
Weisberg Law, P.C.
also t/a Consumer Justice Alliance
7 S. Morton Ave.
Morton, PA 19070
W: 610-690-0801
C: 215-370-7500
F: 610-690-0880
www.weisberglawoffices.com
**Each person is should donate a minimum of $50.00---$100.00 each**
“Fight AWA Act” should be clearly printed in the memo section of the Check!
Each person is advised to contact
the ACLU and file an individual Complaint!
ACLU Eastern Office
PO Box 40008
Philadelphia, PA 19106
T: 215-592-1513 or toll-free at 877-PHL-ACLU
F: 215-592-1343
PO Box 40008
Philadelphia, PA 19106
T: 215-592-1513 or toll-free at 877-PHL-ACLU
F: 215-592-1343
info@aclupa.org ***IF YOU LIVE IN WESTERN PA or
Middle PA… JUST GOOGLE ACLU and SEND YOUR COMPLAINT TO THE APPROPRIATE ACLU
ADDRESS. THEY HAVE ONE FOR WESTERN PA & MIDDLE PA***
**Each Offender is advised to contact the Megan’s Law Section and file
a formal written complaint**
Pennsylvania State
Police
Bureau of Records and Identification
Megan's Law Section
1800 Elmerton Avenue
Harrisburg, PA 17110
toll free at 1-866-771-3170
Bureau of Records and Identification
Megan's Law Section
1800 Elmerton Avenue
Harrisburg, PA 17110
toll free at 1-866-771-3170
New Registration Requirments
Pennsylvania State Police Megan's Law
Section
42
Pa. C.S. § 9799.32(1) authorizes the Pennsylvania State Police to create and
maintain a state registry of sexual offenders, Sexually Violent Deviate
Children, and Sexually Violent Predators.
Registration Details
Tier Classification
Tier I Sexual Offenses - 15 Year Registration
Offenders
convicted of the following offenses shall be classified as a Tier I offender:
· 18 Pa.C.S. § 2902(b) (relating to
Unlawful Restraint).
· 18 Pa.C.S. § 2903(b) (relating to False
Imprisonment).
· 18 Pa.C.S. § 2904 (relating to
Interference with Custody of Children).
· 18 Pa.C.S. § 2910 (relating to Luring a
Child into a Motor Vehicle or Structure).
· 18 Pa.C.S. § 3124.2(a) (relating to
Institutional Sexual Assault).
· 18 Pa.C.S. § 3126(a)(1) (relating to
Indecent Assault).
· 18 Pa.C.S. § 6301(a)(1)(ii) (relating
to Corruption of Minors).
· 18 Pa.C.S. § 6312(d) (relating to
Sexual Abuse of Children).
· 18 Pa.C.S. § 7507.1. (relating to
Invasion of Privacy).
· 18 U.S.C. § 1801 (relating to Video
Voyeurism).
· 18 U.S.C. § 2252(a)(4) (relating to
Certain Activities Relating to Material Involving the Sexual Exploitation of
Minors).
· 18 U.S.C. § 2252A (relating to Certain
Activities Relating to Material Constituting or Containing Child Pornography).
· 18 U.S.C. § 2252B (relating to Misleading
Domain Names on the Internet).
· 18 U.S.C. § 2252C (relating to
Misleading Words or Digital Images on the Internet).
· 18 U.S.C. § 2422(a) (relating to
Coercion and Enticement).
· 18 U.S.C. § 2423(b), and (c) (relating
to Transportation of Minors).
· 18 U.S.C. § 2424 (relating to Filing
Factual Statement about Alien individual).
· 18 U.S.C. § 2425 (relating to Use of
Interstate Facilities to Transmit Information about a Minor).
· A conviction or court martial of a
comparable military offense or similar offense under the laws of another
jurisdiction or foreign country or under a former law of this Commonwealth.
· A conviction of an attempt, conspiracy
or solicitation to commit an offense enumerated under Tier I classification.
· A conviction for a sexual offense in
another jurisdiction or foreign country that is not set forth in this section,
but nevertheless requires registration under a sexual offender statute in the
jurisdiction or foreign country.
Tier II Sexual Offenses – 25 Year Registration
Offenders
convicted of the following offenses shall be classified as a Tier II offender:
· 18 Pa.C.S. § 3122.1(a)(2) (relating to
Statutory Sexual Assault).
· 18 Pa.C.S. § 3124.2(a.2) and (a.3)
(relating to Institutional Sexual Assault).
· 18 Pa.C.S. § 3126(a)(2), (3), (4), (5),
(6) or (8) (relating to Indecent Assault).
· 18 Pa.C.S. § 5902(b.1) (relating to
Prostitution and related Offenses).
· 18 Pa.C.S. § 5903(a)(3)(ii), (4)(ii),
(5)(ii) or (6) (relating to Obscene and other Sexual Materials and
Performances).
· 18 Pa.C.S. § 6312(b) and (c)(relating
to the 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).
· 18 U.S.C. § 1591 (relating to Sex
Trafficking of Children by Force, Fraud, or Coercion).
· 18 U.S.C. § 2243 (relating to Sexual
Abuse of a Minor or Ward).
· 18 U.S.C. § 2244 (relating to Abusive
Sexual Contact) where the victim is 13 years of age or older but under 18 years
of age.
· 18 U.S.C. § 2251 (relating to Sexual
Exploitation of Children).
· 18 U.S.C. § 2251A (relating to Selling
or Buying of Children).
· 18 U.S.C. § 2252(a)(1), (2) or (3)
(relating to Certain Activities Relating to Material Involving the Sexual
Exploitation of Minors).
· 18 U.S.C. § 2260 (relating to
Production of Sexually Explicit Depictions of a Minor for Importation into the
United States).
· 18 U.S.C. § 2421 (relating to
Transportation Generally).
· 18 U.S.C. § 2422(b) (relating to Coercion
and Enticement).
· 18 U.S.C. § 2423(a) (relating to
Transportation of Minors).
· A conviction or court martial of a
comparable military offense or similar offense under the laws of another
jurisdiction or foreign country or under a former law of this Commonwealth.
· A conviction of an attempt, conspiracy
or solicitation to commit an offense enumerated under Tier II classification.
Tier III Sexual Offenses – Lifetime Registration
Offenders
convicted of the following offenses shall be classified as a Tier III offender:
· 18 Pa.C.S. § 2901(a.1) (relating to
Kidnapping).
· 18 Pa.C.S. § 3121 (relating to Rape).
· 18 Pa.C.S. § 3122.1(b) (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(a.1) (relating to
Institutional Sexual Assault).
· 18 Pa.C.S. § 3125 (relating to
Aggravated Indecent Assault).
· 18 Pa.C.S. § 3126(a)(7) (relating to
Indecent Assault).
· 18 Pa.C.S. § 4302(b) (relating to
Incest).
· 18 U.S.C. § 2241 (relating to
Aggravated Sexual Abuse).
· 18 U.S.C. § 2242 (relating to Sexual
Abuse).
· 18 U.S.C. § 2244 where the victim is
under 13 years of age (relating to Abusive Sexual Contact).
· A conviction or court martial of a comparable
military offense or similar offense under the laws of another jurisdiction or
foreign country or under a former law of this Commonwealth.
· A conviction of an attempt, conspiracy
or solicitation to commit an offense enumerated under Tier III classification.
· Two or more convictions of an
offense(s) enumerated under Tier I or Tier II classification.
Juvenile Offenders
A
Juvenile Offender who was adjudicated delinquent in this Commonwealth of one or
more of the below offenses, or who was adjudicated delinquent in another
jurisdiction or foreign country as a consequence of having committed an offense
similar to one or more of the below offenses, shall register for life.
· 18 Pa.C.S. § 3121 (relating to Rape).
· 18 Pa.C.S. § 3123 (relating to
Involuntary Deviate Sexual Intercourse).
· 18 Pa.C.S. § 3125 (relating to
Aggravated Indecent Assault).
· An adjudication of an attempt,
solicitation or conspiracy to commit an offense under 18 Pa.C.S. § 3121, 3123,
or 3125.
· A Juvenile Offender who is required to
register in a sexual offender registry in another jurisdiction or foreign
country as a consequence of having been adjudicated delinquent for an offense
similar to an offense which, if committed in this Commonwealth, would not
require the individual to register, shall register for a period of time equal
to that required of the individual in the other jurisdiction or foreign
country.
Sexually Violent Delinquent Child
A
child who has been found to be delinquent for an act of sexual violence which
if committed by an adult would be a violation of 18 Pa.C.S. § 3121 (relating to
rape), 3123 (relating to involuntary deviate sexual intercourse), 3124.1
(relating to sexual assault), 3125 (relating to aggravated indecent assault),
3126 (relating to indecent assault) or 4302 (relating to incest)and who has
been determined by the Court to be in need of commitment for involuntary
treatment.
· A Sexually Violent Delinquent Child
shall register for life.
Sexually Violent Predator
An
individual convicted of a Tier I sexual offense, a Tier II sexual offense, or a
Tier III sexual offense who is determined to be a Sexually Violent Predator by
the Court. The term also includes an individual determined to be a Sexually
Violent Predator or a similar designation where the determination occurred in
another jurisdiction, a foreign country or by court martial following a
judicial or administrative determination pursuant to a process similar to that
of the Commonwealth’s.
· A Sexually Violent Predator shall
register for life.
Registration Criteria
The
following individuals shall register with the Pennsylvania State Police as a
sexual offender:
· An individual meeting the criteria
listed under Applicability and who has a residence within this Commonwealth or
is a transient.
· An individual meeting the criteria
listed under Applicability and does not have a residence in this Commonwealth
but:
1. Is employed in this Commonwealth; or
2. Is a student in this Commonwealth.
Reporting Intervals
Individuals
required to register as a sexual offender shall appear in-person at an approved
Registration or Verification Site according to their assigned Tier or
classification:
· Tier I offenders – required to appear
annually.
· Tier II offenders – required to appear
semiannually (twice a year).
· Tier III offenders – required to appear
quarterly (four times a year).
· Transient offenders – required to
appear monthly.
· Juvenile offenders – required to appear
quarterly (four times a year).
· Sexually Violent Delinquent Child –
required to appear quarterly (four times a year).
· Sexually Violent Predator– required to
appear quarterly (four times a year).
General Registration Requirements
In
addition to the periodic in-person reporting interval(s), an offender shall
appear in-person at an approved Registration or Verification Site within three
business days to provide current information or change(s) relating to:
· A change in name, including an alias.
· A commencement of residence, change in
residence, termination of residence or failure to maintain a residence, thus
making the individual a transient.
· Commencement of employment, a change in
the location or entity in which the individual is employed or a termination of
employment.
· Initial enrollment as a student, a
change in enrollment as a student or termination as a student.
· An addition or a change in telephone
number, including a cell phone number, or a termination of telephone number,
including a cell phone number.
· An addition, a change in and
termination of a motor vehicle owned or operated by an offender, including
watercraft or aircraft. In order to fulfill the requirements of this paragraph,
the individual must provide any license plate numbers and registration numbers
and other identifiers and an addition to or change in the address of the place
the where the vehicle is stored.
· A commencement of temporary lodging, a
change in temporary lodging or a termination of temporary lodging. In order to
fulfill the requirements of this paragraph, the individual must provide the
specific length of time and the dates during which the individual will be
temporarily lodged.
· An addition, change in or termination
of e-mail address, instant message address or any other designations used in
Internet communications or postings.
· An addition, change in or termination
of information related to occupational and professional licensing, including
type of license held and license number.
International Travel
In
addition to the periodic in-person appearance required above, an offender shall
appear in-person at an approved Registration or Verification Site no less than
21 days in advance of traveling outside of the United States. The individual
shall provide the following information:
· (1) Dates of travel, including date of
return to the United States.
· (2) Destinations.
· (3) Temporary lodging.
No comments:
Post a Comment