Does the Neighborhood Have to Know I’m a Registered Sex Offender?

There are registration requirements for those convicted of a sexual offense. Under Pennsylvania law, individuals who have a residence within Pennsylvania or is a transient, or who are employed in Pennsylvania or who are a student in Pennsylvania that were convicted of one or more of the offenses enumerated as either a Tier I, Tier II, or a Tier III offense, may be subject to Megan’s Law registration. Certain out-of-state offenders are subject to the registration requirements of Megan’s Law. Also, certain juveniles adjudicated of specific crimes may be required to register as well.

An update to Megan’s Law in Pennsylvania that Governor Tom Corbett signed on December 20, 2011, changes the registration requirement from 10 years to life for some crimes. The law now requires offenders to register for 15 years, 25 years or life depending on how their crime is categorized. Below are the Tiers set forth and the registration requirements under Pennsylvania law.

Tier I Sexual Offenses – 15 Year Registration

Offenders convicted of the following offenses shall be classified as a Tier I offender:

• 18 Pa.C.S. § 2902(b) (relating to Unlawful Restraint).
• 18 Pa.C.S. § 2903(b) (relating to False Imprisonment).
• 18 Pa.C.S. § 2904 (relating to Interference with Custody of Children).
• 18 Pa.C.S. § 2910 (relating to Luring a Child into a Motor Vehicle or Structure).
• 18 Pa.C.S. § 3124.2(a) (relating to Institutional Sexual Assault).
• 18 Pa.C.S. § 3126(a)(1) (relating to Indecent Assault).
• 18 Pa.C.S. § 6301(a)(1)(ii) (relating to Corruption of Minors).
• 18 Pa.C.S. § 6312(d) (relating to Sexual Abuse of Children).
• 18 Pa.C.S. § 7507.1. (relating to Invasion of Privacy).
• 18 U.S.C. § 1801 (relating to Video Voyeurism).
• 18 U.S.C. § 2252(a)(4) (relating to Certain Activities Relating to Material Involving the Sexual Exploitation of Minors).
• 18 U.S.C. § 2252A (relating to Certain Activities Relating to Material Constituting or Containing Child Pornography).
• 18 U.S.C. § 2252B (relating to Misleading Domain Names on the Internet).
• 18 U.S.C. § 2252C (relating to Misleading Words or Digital Images on the Internet).
• 18 U.S.C. § 2422(a) (relating to Coercion and Enticement).
• 18 U.S.C. § 2423(b), and (c) (relating to Transportation of Minors).
• 18 U.S.C. § 2424 (relating to Filing Factual Statement about Alien individual).
• 18 U.S.C. § 2425 (relating to Use of Interstate Facilities to Transmit Information about a Minor).
• A conviction or court martial of a comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.
• A conviction of an attempt, conspiracy or solicitation to commit an offense enumerated under Tier I classification.
• A conviction for a sexual offense in another jurisdiction or foreign country that is not set forth in this section, but nevertheless requires registration under a sexual offender statute in the jurisdiction or foreign country

Tier II Sexual Offenses – 25 Year Registration

Offenders convicted of the following offenses shall be classified as a Tier II offender:

• 18 Pa.C.S. § 3122.1(a)(2) (relating to Statutory Sexual Assault).
• 18 Pa.C.S. § 3124.2(a.2) and (a.3) (relating to Institutional Sexual Assault).
• 18 Pa.C.S. § 3126(a)(2), (3), (4), (5), (6) or (8) (relating to Indecent Assault).
• 18 Pa.C.S. § 5902(b.1) (relating to Prostitution and related Offenses).
• 18 Pa.C.S. § 5903(a)(3)(ii), (4)(ii), (5)(ii) or (6) (relating to Obscene and other Sexual Materials and Performances).
• 18 Pa.C.S. § 6312(b) and (c)(relating to the Sexual Abuse of Children)
• 18 Pa.C.S. § 6318 (relating to Unlawful Contact with Minor).
• 18 Pa.C.S. § 6320 (relating to Sexual Exploitation of Children).
• 18 U.S.C. § 1591 (relating to Sex Trafficking of Children by Force, Fraud, or Coercion).
• 18 U.S.C. § 2243 (relating to Sexual Abuse of a Minor or Ward).
• 18 U.S.C. § 2244 (relating to Abusive Sexual Contact) where the victim is 13 years of age or older but under 18 years of age.
• 18 U.S.C. § 2251 (relating to Sexual Exploitation of Children).
• 18 U.S.C. § 2251A (relating to Selling or Buying of Children).
• 18 U.S.C. § 2252(a)(1), (2) or (3) (relating to Certain Activities Relating to Material Involving the Sexual Exploitation of Minors).
• 18 U.S.C. § 2260 (relating to Production of Sexually Explicit Depictions of a Minor for Importation into the United States).
• 18 U.S.C. § 2421 (relating to Transportation Generally).
• 18 U.S.C. § 2422(b) (relating to Coercion and Enticement).
• 18 U.S.C. § 2423(a) (relating to Transportation of Minors).
• A conviction or court martial of a comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.
• A conviction of an attempt, conspiracy or solicitation to commit an offense enumerated under Tier II classification.

Tier III Sexual Offenses – Lifetime Registration

Offenders convicted of the following offenses shall be classified as a Tier III offender:

• 18 Pa.C.S. § 2901(a.1) (relating to Kidnapping).
• 18 Pa.C.S. § 3121 (relating to Rape).
• 18 Pa.C.S. § 3122.1(b) (relating to Statutory Sexual Assault).
• 18 Pa.C.S. § 3123 (relating to Involuntary Deviate Sexual Intercourse).
• 18 Pa.C.S. § 3124.1 (relating to Sexual Assault).
• 18 Pa.C.S. § 3124.2(a.1) (relating to Institutional Sexual Assault).
• 18 Pa.C.S. § 3125 (relating to Aggravated Indecent Assault).
• 18 Pa.C.S. § 3126(a)(7) (relating to Indecent Assault, where the victim is under 13 years of age.).
• 18 Pa.C.S. § 4302(b) (relating to Incest).
• 18 U.S.C. § 2241 (relating to Aggravated Sexual Abuse).
• 18 U.S.C. § 2242 (relating to Sexual Abuse).
• 18 U.S.C. § 2244 where the victim is under 13 years of age (relating to Abusive Sexual Contact).
• A conviction or court martial of a comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.
• A conviction of an attempt, conspiracy or solicitation to commit an offense enumerated under Tier III classification.
• Two or more convictions of an offense(s) enumerated under Tier I or Tier II classification.

Please contact the Harrisburg, PA, law firm of Laguna Reyes Maloney, LLP to schedule a free case evaluation with Roger Laguna or Laura Reyes Maloney: 717-233-5292. You may also contact us online.