Commonwealth v. Muhammad

In Commonwealth v. Muhammad, the PA Superior Court ruled that Revised Subchapter H of the Sexual Offenders Registration and Notification Act (“SORNA”), 42 Pa.C.S.A. §§ 9799.10—9799.42, was unconstitutional as applied to the defendant because the statute created an irrebuttable presumption that her convictions for interference with custody of children, false imprisonment, unlawful restraint, and conspiracy to commit these offenses made her a risk to commit additional sexual offenses. The Court found an absence of sexual misconduct in the case. Moreover, the defendant’s otherwise spotless record revealed that she was not a high risk to commit any sexual offenses.

Muhammad