Megan’s Law and Sexual Predator Violations

Under Pennsylvania’s version of Megan’s Law, if you plead guilty to or are convicted of certain sex crimes, you must register with the state police as a sex offender. The registration may be for as little as 15 years, but may also be for the rest of your life. Once you have registered, you may be required to provide detailed information to any member of the public, including potential employers, landlords, neighbors and family members. Whenever you move, you must notify local law enforcement officers of your registration. This information may then be made available to schools, daycare facilities and others in the area.

Requirements When Moving to Pennsylvania

Man under stressIf you are registered as a sex offender in another state, you must report personally to an approved registration/verification site within three days of your arrival in Pennsylvania, whether you are entering the state to go to school, become a permanent resident, take a job, or simply be in the state for more than three days.

Under Pennsylvania law, Megan’s law offenders fall under certain categories or “tiers.”

  • Tier 1 violators must register for a minimum of 15 years. Tier 1 offenses include, but are not limited to, video voyeurism, indecent assault, luring a child into a structure or motor vehicle, using misleading words or images on the Internet and sexual abuse of children.
  • Tier 2 violators must register for 25 years. These offenses include, but are not limited to, statutory sexual assault, unlawful contact with a minor, sex trafficking, sexual exploitation, child pornography, and sexual abuse of a minor or ward.
  • Tier 3 requires registration for life. These crimes include, but are not limited to, rape, kidnapping, incest, aggravated sexual abuse and involuntary deviate sexual intercourse.

Contact Our Office

At Laguna Reyes Maloney, LLP, we provide a free initial consultation to every client. To arrange a private meeting with an experienced Pennsylvania criminal defense attorney, contact us online or call our office at 717-233-5292. Let us help you avoid deportation.

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Is There Any Way to Get Off the Registered Sex Offender List?

Conviction of a sex offense can land your name on the sex offender registry under Megan’s Law. In some cases, there are ways to avoid this situation. With an experienced attorney on your side, you may be able to have your charges reduced or resolve your case without you having to register. It may even be possible to get your name taken off the registry, though that is extremely rare and not easily accomplished.

There are several reasons why a sexual offender or a Sexually Violent Predator/Sexual Violent Delinquent Child no longer appears on this sex offender registry. They are as follows:

  1. The sexual offender or Sexually Violent Predator/Sexual Violent Delinquent Child is now deceased.
  2. The sexual offender or Sexually Violent Predator/Sexual Violent Delinquent Child no longer resides, works, or attends school in Pennsylvania.
  3. The sexual offender completed his required period of registration and is no longer required to register.
  4. Juvenile offenders do not appear on the public website by law.

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.

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.

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