PA Supreme Court Set to Hear Oral Arguments on Constitutionality of Registry
The constitutionality of the sex offender registry is headed to the Pennsylvania Supreme Court. Latest coverage of this case and another affected case:
FAC previously analyzed this case here:
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One of the unconstitutional provisions of the Pennsylvania sex offender registry is that it requires Pennsylvania residents with out-of-state convictions that currently require registration in that other state to register in Pennsylvania for either 10 years or however long the other state requires registration, whichever is longer, when the out-of-state offense is not a crime in Pennsylvania.
My offense involved consensual sexual activity with a 17-year-old when I was 25, which would not constitute criminal conduct in the Commonwealth of Pennsylvania (or 38 other states). However, were I to move there, I would be required to register for life (or until Florida lets me go, should that ever happen under the 20/25-year provision). Thus, I would be treated more harshly for doing something that’s not even illegal in PA than those 10-year registrants with Pennsylvania convictions who actually broke Pennsylvania law. That is entirely irrational.
Unless the purpose of registration is punishment or Pennsylvania’s system is designed to discourage out-of-state registrants from moving there (both major constitutional violations), there is no rational basis for requiring me to register at all in Pennsylvania when similarly-situated Pennsylvanians who did exactly what I did, but in PA, are not required to register since that conduct is not illegal in the state. I hope that this aspect of PSORNA is invalided by the Pennsylvania high court.
What a horrible law!
I would add, “There is no rational requirement for registering anyhow.”
It’s time the other side starts showing all the examples of when keeping a list led to greater public safety. It is hysteria borne of reckless fear.
Here in VA we defeated a bill that purported to expand registration to include all those not on the registry prior to its inception (1993?). The state assemblywoman who sponsorted it claimed that everyone needs to know what’s on the list, and, if so, the old woman who had been raped by someone who committed a sex crime 20 years before (she claimed – I searched and found no evidence for it) would have been safe. That was her logic. And we have no idea what the supposed crime was, either.
As the US constitution was written and conceived in Philadelphia,Pennsylvania it would be apropos that they could best decide what is not constitutional. So let the games begin. The Bill of rights was written in New York ,. Both a long way from Florida and even further from any attempt to follow it. Any decision Pennsylvania makes should have a big impact on how the Supreme Court views there the outcome of the matter.
@ Eugene and Randall- Thank you so much for posting those links and providing that information.
Federal or State Registry?
Looks like they’re having a zoom meeting tonight to talk about it
https://parsol.org/parsol-launches-perspectives-series-10-days-before-scopa-hearing/
I hope this ruling is not one step forward two steps back. Hopefully the judge see the registry for what it really is…punishment
For those interested in this case, join PARSOL’s live webinar tonight 5/13 at 7pm.
http://www.parsol.org