PA Appeals Court Rules Online Dissemination of Sex Offender’s Information is Punitive and Violates Federal Ex Post Facto
A Pennsylvania Appeals Court has found that the dissemination of persons who have been convicted of sexual offenses’ information on the internet (Megan’s Law) violates the ex post facto clause of the Constitution for individuals whose offenses pre-date the ordinance.
Pennsylvania’s Supreme Court had a prior landmark decision (Commonwealth v. Muniz, 164 A.3d 1189 (Pa.2017)) finding similarly, so this new opinion will not likely be groundbreaking, but it will show that the prior findings are being upheld and people in Pennsylvania DO have relief from the public online dissemination of all their information.
The opinion can be found here: www.pacourts.us/assets/opinions/Superior/out/j-a12038-19oa.pdf#search=”‘Superior%2bCourt'”
NOTE: Pennsylvania has a State Constitutional Provision that protects reputation.
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humm so if someone from Pa visited FL> and FL> does not remove them then would FL. be violating PA law? or a person that resides in PA rights. things will start to get very very interesting
PA law does not cover what FL does.
Good question. I went down to FL to see my dad pass away as I had been notified that he was in hospice. I got there Monday, he passed at midnight Tuesday. I had to register there and understand that, though I had notify them that I was leaving for my home, I’m still registered there.
Yes, you will
Yes, you will…. I’m trying to tie that to a response. If it’s for mine, I wasn’t expecting an an answer. If it is, I don’t see a connection to what I said.
Sorry – it cut off. Yes, unfortunately you will be kept on the Florida registry even after you leave the state. It’s one of the horrible things the State of Florida does to people. By keeping everyone they can possibly justify keeping on their registry, they inflate their numbers to more than twice the number they are actually supervising in order to justify more federal funds.
I didn’t know it at the time, but had discovered it about a year later. That was about 2 years ago.
I hope F.A.C used some of these points of arguing, because if they did I be off the fla. Registry. My conviction was feb 25,1991 Way before Megan’s Law in 1994 and way before Fla, own 2007 law. I was released from prison in 2011 and forced to register against my will under threat of rearrest.
Well beef there are many of us in the same boat. I was convicted when George Washington was President ( It feels that way ). They came up with the registry right before I petitioned to get off of probation and won getting off probation but then got put on the hit list.
I wish F.A.C would get a list from all of us of the things that have happened to us because of the registry. I have been shot, been shot at, had my house shot up. Had my windows busted out. Had my tires slashed. Had dog poo thrown in my driveway. Had hate mail sent to my house. Had my family threatened ( Since moved them someone else safe ), lost two jobs that both knew my past but once customers came in and hung flyers about me embarrassing the staff, I was let go. Been made fun of by other employees who saw me on the registry. And in the past had dates break up with me even though I was honest up front, they could not handle the name calling when someone recognized me.
Well, it’s a step in the right direction. But it only applies to a small handful of people.
After all, Megan’s Law was passed way back in 1996!
What about the constitutional rights of all those convicted since Clinton’s presidency?
Yeah they went and did the Retroactive thing on a bunch of us. I didn’t have to register, then I did, then for once a year, the twice and now 4 times a year.
I filed a petition against FDLE and won and got them to remove some of my information. That pissed them off and they changed me from 2 times a year to 4. My lawyer says he can get it changed for $1000 but no refunds if I do not win even though he is 1000000 % sure it is illegal what they did.
#1 I do not have mad money to make the FDLE do their job and fix the info, and #2 whose to say we don’t fight that and win and they cause me more issues. They pretty much silenced me. I have a family to look out for.
Hopefully F.A.C can get a win for us, and if so, I can get some of the money that is tied up in legal mumbo jumbo until after I am off the registry then I can bless whoever wins for us with a donation.
Cherokee Jack, who is your lawyer? I am pre 1996 as well and went through the same changes as you. I have the added benefit of a court order against public and community notification. My designation order was two paragraphs, the first designated me and the second said no public and community notification. It’s a single page and signed by the judge. I have hand carried this order to FDLE twice and they refuse to follow it. Two different counties I have lived in acknowledge and follow the order AND when I register, there is a red banner that scrolls across the screen on the sheriff’s dept page of the FDLE site that states I am not subject to such. SO they KNOW! I am thinking that by knowingly violating the order, they should have to PAY if I win. I just need someone I can afford to pay now, so I can get repaid later.
It’s highly unlikely they will remove anyone. Look how long Michigan has gone without making the changes they were ordered to. I wouldn’t hold my breath that a slew of pre date offenders will be removed. I’m currently working with a Fl Attourney and petitioning for removal becuase I honestly dont see any other way off this hit list.
If you have gone the required 20 or 25 years you might have a shot but an attorney I know who has been successful told me you have to follow the statue so if you have not been off paper for at least 20/25 years the judge is not even going to hear you case.
Check first before throwing thousands of dollars away. I almost made that mistake and this lawyer was honest and refused to take my money because that is all he does is sex offender cases
Not being a negative Nancy just trying to save you from wasting your money. Just be sure to check the statues yourself
You are correct. Done my homework on this. Been off over 23 years. Already paid the money and an judge has set a date. We shall see how it goes..
Good luck and wish you the best. Stay strong and fight on
In light of these recent rulings, has PA actually amended their statutory requirements?
Yes, they have. Pennsylvania now has a complicated regime that separates requirements for those convicted before and after certain key dates.
Yes, so complicated that the police, my counselor, and former probation officer have little accurate information themselves.
How are we supposed to get it correct and stay of prison if the authorities can’t get it right?
@RM & EN
Is this the 134 printed page beast you speak of [§ 9799.55. Registration] ?
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.097..HTM
Just a cursory view leads me to believe someone convicted of an enumerated offence after April 22, 1996, but before December 20, 2012, falls into the ten-year registration requirement. The language [§ 9799.55(a)(4)] also leads me to believe even if convicted in another state, the ten years starts to toll on your conviction date, not after any probation or parole.
If that is the case, any Floriduh registrants, who qualify for the ten-year “deal,” and who have already languished in Floriduh for over 10 years after conviction, should migrate to Pennsylvania post haste. Please correct me if I am wrong.
I’m curious because I pled to a 10 year registration and somewhere along the way, without paperwork, or my signature, it ballooned to lifetime. Act 10 lightened my SORNA responsibility, but I’m lost on whatever else occurred. Researched my paperwork as my counselor insists that I had a SOAB hearing, but NONE of that shows in of my paperwork.
Anyone in quite a few states, whatever registry, may be better in PA. It’s definitely better than Texas, Arizona, Florida, Michigan, Nevada, and Oklahoma.
As to whether Floridians on the registry will get shorter registrations is yet to be known to me, but they will be treated better by the government, and probably, by the police….though there are always exceptions…
I’m from Floriduh. I moved to Arizona. It is way easier in Arizona depending on your classification. They do an evaluation, consider your offense, time since conviction, any further arrests etc… they assign a tier based on these factors and also how you would have been charged if the same offense were committed in AZ. The tiers range from 1 (least restrictive ) to 3 being most restrictive. I have always been treated with respect and dignity. By far, Floriduh is the worst state which I think is their point. To convict the most with the least effort and make pay the most in penalties. Too many stupid people making the laws there. That said, I would like to see more factual information here. Seems like there’s a lot of opinions and not as much factual information. And please don’t misunderstand, I mean absolutely no insults. We are all dealing with crap from society!
Addendum to your response.
If it is based on my conviction date, I’m almost 2 years past that end date. The police don’t seem to have released me, nor have received paperwork stating such.
My counselor states that this is because I was determined SVP. Again, no paperwork in my possession relates this to me.
@EN, If I were you, I would read § 9799.24 [Assessments] very carefully and try to determine why you are now a SVP.
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.097..HTM
December 20, 2012 is when the law became effective, if I’m reading correctly. So any Pennsylvanian who has not committed a sexual offense in the past five years should not be listed on the internet registry, this ruling suggests.
Am I reading it correctly?
This is significant for Pennsylvanians, but what is the cutoff date (if I’ve misread)?
My offense was in FL in 1988. I had since moved to PA and had never been back to FL. In 2003, I was required to register under Megan’s law annually for a 10 year registration. When PA enacted SORNA on Dec. 21, 2012, I was notified that I had to register for life and report every 3 months instead of once a year. As of this date, the only thing that has changed is that I am back to registering once a year. How many more years I will have to register is up in the air. The PA State Police Megan’s Law Division is currently reviewing cases that go back before SORNA. How long will it take for them to review these cases remains to be seen. They could procrastinate on this forever, which is my concern. They also play the game of which state had the longest registration period. Florida has a lifetime registration, so since my case was out of Florida, they are saying that I have to register once a year for life. Since I live in PA, they should go by PA law. So, these are some of the issues I am facing here in PA as a FL offender. I will most likely have to hire an attorney to try and get things figured out, if that is possible? This whole thing has been a nightmare from hell, over a simple charge in 1988. I feel that the whole sex offender registry is a disgrace, and does absolutely nothing to improve public safety. Just a bunch of vindictive crap perpetrated by politicians and attorneys to make it look like they are really doing something to protect children, and to get easy money.
You are preaching to the choir. Many of us are in the same situation and it seems like the Story and David and Goliath. The little guys fighting against the big bad Government. We just need to have faith that our stone hits its mark and takes down the giant and his / its bullying and unfair sanctions for something that happened way before these laws were ever thought of. My case is from 1991 but didn’t get off paper until much later and that was only after winning an early termination hearing for relief of probation.
I suggest you contact lea bickerton esq. pgh pa. She is straight, with you and I think the best sex offender attorney in Pennsylvania. I feel she charges a fair price for great work.