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A.L. v. PA State Police

Pennsylvania Commonwealth Court

March 8, 2021

In A.L. v. PA State Police, Petitioner sought review of an order of the Pennsylvania State Police (PSP). PSP adopted a hearing examiner’s proposed adjudication and order, thereby affirming the determination that Petitioner’s conviction under Article 120 of the Uniform Code of Military Justice (UCMJ), 10 U.S.C.§ 920(b)(3)(A), is comparable to a conviction under 18 Pa.C.S. § 3124.1 and that Petitioner should, therefore, be classified as aTier III sex offender under Pennsylvania’s Sex Offender Registration and Notification Act (SORNA), 342 Pa.C.S. §§ 9799.10-.41, which SORNA II has replaced. The Pennsylvania Commonwealth Court reversed. After comparing the military statute and the PA statute, the Court determined that Petitioner’s crime under the UCMJ could have been based upon a negligence mens rea. However, negligent conduct is not included within 18 Pa.C.S. § 3124.1. Thus, Petitioner’s conviction under the UCMJ was not comparable to a conviction under 18 Pa.C.S. § 3124.1.

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