Commonwealth v. Morgan

The Pennsylvania Superior Court addressed an issue left open by Commonwealth v. Lacombe: Does Pennsylvania’s sexual offense registry violate a registrant’s right to reputation provided in the Pennsylvania Constitution? Here, the defendant was subject to SORNA II’s registration requirements and claimed that his right to reputation under Sections 1 and 11 of Article I of the state’s Constitution prohibit lifetime registration. Utilizing a strict-scrutiny test, the Court held that the registration requirements of Subchapter I infringe on the registrant’s right to reputation, but the law is narrowly tailored to a compelling state purpose. As a result, SORNA II does not violate a registrant’s right to reputation. However, the Court vacated the defendant’s sentence for a different reason. The Court held that the trial court did not adequately explain why it imposed the same sentence, even though it was a legal sentence.

MORGAN