Pennsylvania’s Sexual Offender Registration and Notification Act (SORNA) was amended on July 5, limiting its retroactivity. Before the amendment, SORNA would require sex offenders to register in a database and notify their community of their status if they would be incarcerated or on parole/probation for any crime on December 20, 2012, even if they were convicted of a sex offense years in the past and were incarcerated for a crime that had nothing to do with the sex offense – such as DUI. But as amended, SORNA only requires registration and notification for someone incarcerated or on parole/probation “as a result of a conviction for a sexually violent offense”.
The amended SORNA also has implications for juveniles. Juveniles will only have to register and report if on December 20, 2012, they will be “subject to the jurisdiction of the court on the basis of” the SORNA offense. However, the amended SORNA is not entirely to juveniles’ advantage. Under the amended SORNA, juveniles found delinquent of a SORNA offense cannot have their records expunged.
Below are two examples of how the amendment could affect someone:
- Person A was convicted of Sexual Assault in 2000. He completed his sentence and was clean until 2011, when he received a Simple Assault conviction. He was placed on two years of probation, which will end in 2013. Under the amended SORNA, Person A will not have to register or notify, as his simple assault charge is not a ‘sexually violent offense.’
- Person B was convicted of Corruption of Minors in 2002. He has completed his sentence, but was recently convicted of Invasion of Privacy (which is a ‘sexually violent offense,’ as outlined by SORNA) and his probation for that will not end until 2013. Because he will be on probation on December 20, 2012 for a ‘sexually violent offense,’ he will be required to register and notify.
If you have been charged with a sex crime, contact an attorney at Fairlie & Lippy for a free case consultation.