Adams v. Pa. State Police

The Commonwealth Court rejected the petitioner’s application to declare that he was not required to register as a sex offender under SORNA I. The petitioner was placed on the original Megan’s Law when he was sentenced in 1998. Over the years, he was subject to Megan’s Law I, Megan’s Law II, Megan’s Law III, and … Read more

Rivera v. Pa. State Police

In Rivera v. Pa. State Police, the Pennsylvania Commonwealth Court acted in its original jurisdiction to address the Sexual Offender Registration and Notification Act. The petitioner claimed that Subchapter I’s registration requirements should not be imposed on him, that Subchapter I is punitive, and that imposition of the requirements constitutes an ex post facto violation. … Read more

Commonwealth v. Snyder

In Commonwealth v. Snyder, Appellant appealed the judgment of sentence imposed after a jury found him guilty of corruption of minors and related offenses. On appeal, he made four claims of error. The Pennsylvania Superior Court affirmed the convictions. As to the sentence, the Court affirmed in part and reversed in part. The Court ruled: … Read more

Commonwealth v. Elliot

In Commonwealth v. Elliot, the defendant filed a PCRA petition requesting the lower court vacate his Sexually Violent Predator (SVP) designation. The court dismissed his petition as untimely. On appeal, the Pennsylvania Superior Court held that, though the lower court erred in construing the defendant’s challenge to his registration, notification, and counseling (RNC) requirements as … Read more

T.L.P., Jr. v. PA State Police

In T.L.P., Jr. v. PA State Police, Petitioner sought a writ of mandamus compelling the Pennsylvania State Police to comply with an order of the Court of Common Pleas of York County, discharging Petitioner from his responsibility to register as a sex offender under SORNA, 42 Pa.C.S. §§ 9799.10 – .41. The Pennsylvania Commonwealth Court … Read more

A.L. v. PA State Police

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 … Read more

Commonwealth v. Young

In 1976, Appellant pleaded guilty to third-degree murder. He absconded to Kentucky when he was paroled. Two years later, he was convicted of rape and related offenses in Kentucky. These sex crimes carried a lifetime reporting requirement under Kentucky law.  After he served the full sentence for the crimes in Kentucky, he was transferred to … Read more

Commonwealth v. Moose

Commonwealth v. Moose is another decision of the Pennsylvania appellate courts concerning Subchapters H and I of SORNA.  In 1995, the defendant entered a negotiated guilty plea to third-degree murder, rape, and criminal conspiracy. At the time the defendant pleaded guilty, Pennsylvania had not yet enacted laws requiring sex offender registration. In  December 2011, PA … Read more

Commonwealth v. Asher

While Commonwealth v. Asher was pending in the Superior Court, the Pennsylvania Supreme Court rendered its decision in Commonwealth v. Torsilieri, 232 A.3d 567 (Pa. 2020). In Torsilieri, the Supreme Court was asked to decide whether SORNA’s inherent irrebuttable presumption that sex offenders are likely to recidivate violates due process. In Torsilieri, the Supreme Court … Read more

Commonwealth v. Leone

In Commonwealth v. Leone, the Pennsylvania Superior Court held that the defendant’s designation as a sexually violent predator (SVP) was constitutional. The Pennsylvania Supreme Court previously held in Commonwealth v. Butler, 226 A.3d 972 (Pa. 2020), that the mechanism by which defendants are determined to be SVPs is constitutional.