While no one wants to register as a sex offender, cooperation with Pennsylvania laws and keeping up with registry requirements are necessary for notifying the community. Keeping up with your required registration is essential to avoid additional prison time, charges, and fines. But what does the sex offender registry do? Why is the information available to the public? How often do you need to register? And what information is available when you register?
If you need help understanding how Pennsylvania’s sex offender registry works, the team at Rubin, Glickman, Steinberg & Gifford, P.C. may be able to help. Our talented team has worked extensively in many areas of the law. We work in family law, personal injury law, and criminal defense law, meaning we have a deep understanding of the inner workings of the legal system.
Why is the Sex Offender Registry Public Under Megan’s Law?
Most states in the nation have some form of programs that require people convicted of sex crimes to register. Pennsylvania is among those states. The stated intent of these programs is to increase public safety by providing information to the general public that informs if a registered sex offender lives or works in their neighborhoods. People who face sex crime charges should understand what this program in Pennsylvania requires and how it works.
According to the Pennsylvania State Police Megan’s Law Website, there are four different federal acts that led to the state’s decision to not only craft its current program but to participate in the national sex offender registry. Between 1981 and 1994, four specific crimes that culminated with the one that led to the enactment of Megan’s Law in 1996 occurred. Megan’s Law mandates registration and community notification for specific offenders, emphasizing its historical background and legal authority.
The Adam Walsh Act also plays a significant role in sex offender registries by standardizing requirements across states to protect children from sexual exploitation and violent crimes. It initiated a three-tiered classification system for sexual offenders, and Pennsylvania has faced legal challenges regarding compliance with this law.
In 2004, the Pennsylvania Governor signed a bill that allowed all sex offender registration information to be available to the public online. It also expanded the list of offenses that could result in the requirement to register with the program.
Registration Requirements
In Pennsylvania, sex offenders are required to register with the state police under Megan’s Law. The registration process involves providing detailed personal information, including name, address, employment, and vehicle information. Additionally, sex offenders must report any changes to this information within three business days. This ensures that the registry remains up-to-date and accurate. Failure to comply with these sex offender registration requirements can result in criminal prosecution, leading to further legal complications and penalties.
Tier Classification
Pennsylvania employs a three-tiered system to classify sex offenders based on the severity of their offenses. Tier I offenders are required to register for 15 years and typically include less severe offenses. Tier II offenders must register for 25 years and include more serious offenses such as sexual exploitation of a child. Tier III offenders, who have committed the most severe offenses like rape and aggravated sexual abuse, are required to register for life. This tiered system helps to categorize sex offenders and determine the duration and frequency of their registration obligations.
Sexually Violent Predator Designation
A Sexually Violent Predator (SVP) is a designation given to sex offenders who have been convicted of a Tier I, II, or III sexual offense and have been determined to be a sexually violent predator by the court. This designation is based on an assessment by the Sexual Offenders Assessment Board and a subsequent court ruling. SVPs are subject to more stringent registration requirements and are required to register for life. This includes more frequent updates and additional community notification measures to ensure public safety.
Juvenile Offenders
In Pennsylvania, juveniles are generally no longer required to register as sex offenders, except in cases where they are classified as a Sexually Violent Delinquent Child. This decision was made by the Pennsylvania Supreme Court in 2014, which struck down the juvenile offender registration requirements as unconstitutional. However, juveniles deemed to be sexually violent delinquent children are still subject to registration requirements, reflecting the severity of their offenses and the need for public safety measures.
Megan’s Law and the Adam Walsh Act
Megan’s Law, signed into law in 1996, allows public access to information on registered sex offenders via the internet. This law was a significant step in increasing transparency and public safety. The Adam Walsh Act, signed into law in 2006, aims to unify sex offender registry requirements across states and sets a three-tiered classification structure for sex offenders. Pennsylvania complied with the Adam Walsh Act in 2011, but the Pennsylvania Supreme Court found certain aspects of the law unconstitutional in 2017. In response, Governor Wolf replaced the law with Act 10 of 2018, which subjects sex offenders to regulations set at the time of their offense, ensuring that the legal framework remains fair and just.
How Often Do You Need to Register for Sex Offender Registration?
There are three tiers of offenses under Pennsylvania Law from tier I to tier III with the latter being the most serious. A tier III conviction will result in the required lifetime registration with the sex offender program. People in this category must register four times per year. However, some argue that only sexually violent predators should be mandated to register frequently, as broader registration laws unfairly impact individuals with less severe offenses.
Rape and aggravated sexual abuse are examples of crimes that lead to a tier III classification. Sexual exploitation of a child is a tier II offense and leads to required registration twice per year for 25 years. Annual registration for 15 years or more is required for tier-I offenses such as video voyeurism.
What Information is Available After Someone Registers as a Sex Offender?
If you need to register as a sex offender in Pennsylvania, you likely want to know what information others can access. The following information is required to be publicly available:
- Name and known aliases
- Birth year
- All residency details, including zip codes, cities, and street addresses
- Locations the individual visits or resides in frequently, in the case they are homeless or transient
- If applicable, any location information disclosing where an individual is an enrolled student
- Location information related to the offender’s place of work, including fixed and non-fixed locations
- Photographs of the individual
- Physical descriptions of the offender
- Any identifying marks
- The license plate number and description of any vehicle owned or operated by the offender
- Current compliance with registration requirements
- Whether or not the offender is a minor
- Description of the offense, list of other convictions that require registration if applicable
- The date of conviction, if available
- Offender’s active registry start and the date of the most recently updated registration
- When possible, a map of where the offender lives, works, and is enrolled in school. This may apply to homeless or transient offenders
If you need additional information and assistance, especially if you have not yet been sentenced for sex offender-related crimes, we recommend speaking with a lawyer for help with your legal case.
Confusion Around Sex Offender Registry? Rubin, Glickman, Steinberg & Gifford, P.C. May Be Able to Help
If you are confused about how the sex offender registry works and want to ensure your rights are protected, you may wish to speak with the lawyers at Rubin, Glickman, Steinberg & Gifford, P.C. Our team is dedicated to supporting clients through every step of the legal process, and we may be able to do the same for you.
To discuss any concerns, describe the details related to your case, and receive additional helpful information, please do not hesitate to get in touch with us. You can reach us by calling (215) 822-7575 or completing our contact form. We look forward to hearing from you and assisting you further.
This information is not intended to provide legal advice but general information about the sex offender registry program in Pennsylvania.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
December 25, 2024
