In a stunning turn of events, the Supreme Court in Commonwealth v. Lacombe ruled that Subchapter I of the SORNA is nonpunitive and thus applying it to individuals who were committed crimes and were sentenced before its enactment does not violate the the prohibition on ex post facto laws. This breaks with Commonwealth v. Muniz, … Read more
The Chester County Court of Common Pleas declared Subchapter H of the Sex Offender Registration and Notification Act (“SORNA”) unconstitutional as violative of several provisions of both the United States and Pennsylvania Constitutions. The PA Supreme Court vacated and remanded. The Court began its discussion with an in-depth analysis of the developments in PA case … Read more
Appellant challenged his sentence for failing to register as a sex-offender under the 18 Pa.C.S. § 4915, which since has been ruled unconstitutional. The Supreme Court held that his sentence on this void statute is an illegal sentence and vacated the judgments of sentence.
Groner pleaded guilty to sex crimes and was designated as a sexually violent predator (SVP) under SORNA II. Groner appealed and challenged the constitutionality of the SORNA II SVP assessment scheme because it provides for increased registration, notification, and counseling (“RNC”) requirements for a defendant deemed an SVP by clear and convincing evidence. Citing the … Read more
In this en banc case, the Superior Court dealt with Act 21, which is the Involuntary Treatment of Certain Sexually Violent Persons Statute, 42 Pa.C.S. §§ 6401-6409, and provides for involuntary commitment of juveniles who have been adjudicated delinquent and where the Commonwealth can establish by clear and convincing evidence that the offender has a mental abnormality or … Read more
In 2007, when he was a minor, Zeno pleaded guilty to rape of a child as well as related sex crimes. In 2018, Zeno filed a motion to bar imposition of registration pursuant to SORNA. He argued that because he was a juvenile at the time he committed the offenses, requiring him to register as a sex … Read more