Though this blog is was originally intended as a resource for offenders in Massachusetts, much of what I write about is applicable to sex offenders in every other state and many countries around the world, especially in Western Europe. Even other non-sex offenders trying to navigate prison, probation and parole, or employment and education opportunities can glean relevant information from this blog and apply it to help overcome their own struggles.

Sunday, December 30, 2012

Pennsylvania Implements the Adam Walsh Act (AWA)

On December 20, 2011, Governor Corbett signed a bill to bring Pennsylvania into compliance with the federal Adam Walsh Child Protection and Safety Act (AWA) of 2006.  Most of the major provisions of the act are now implemented.

 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!

From a contact at the Pennsylvania chapter of http://www.reformsexoffenderlaws.org the good news is: There is an attorney who will challenge the law but offenders and families need to step up and make their voices heard and fight for their rights.  Please also considering contributing to the law firm to defray the legal expenses.  If you live in PA, filing a complaint with the local chapter of the ACLU and the PA State Police is recommended and detailed below.
-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
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



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.