Sex offender cases in Pennsylvania are being remanded in the wake of Commonwealth v. Muniz, the PA case which found their registry unconstitutional under the ex post facto clauses of the United States and Pennsylvania Constitutions.

In Commonwealth v. Polzer, the appellant introduced the issue of whether, “SORNA’S irrebuttable presumption that all sexual offenders pose a high risk of reoffending violates procedural and substantive due process under the Pennsylvania Constitution.” and the due process clause of the Fifth and the Fourteenth Amendments to the United States Constitution.

In light of its own precedent in Muniz, the answer is yes. It’s time we see the same happen in other states.

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