Megan’s Law Issues West Chester
There are four federal acts named after the victims of violent and/or sexual assaults. The first is named after Adam Walsh, age 6, who disappeared in 1981 and was found dead sixteen days later, the second is named after Jacob Wetterling, age 11, who disappeared in 1989 and was never found, the third was named after Pam Lychner, who was brutally attacked in 1990, and the fourth after Megan Kanka, age 7, who accepted an invitation from a neighbor in Hamilton Township, New Jersey, to see his puppy.
That neighbor was a twice-convicted pedophile who raped and murdered Megan, dumping her body in a nearby park. Congress passed the Federal version of Megan’s Law in 1996. Megan’s Law requires states to establish registration programs so local law enforcement can keep tabs on sexual offenders released into their jurisdiction, and so the public can find out about sexual offenders who live in their neighborhood.
Tier Classifications Under Megan’s Law
Pennsylvania Governor Tom Ridge signed Megan’s Law in 1995, and it took effect in April 1996. The legislation was intended to identify sexual offenders who were predators, allowing the courts to impose lifetime registration mandates on such offenders, to register sex offenders and sexually violent predators with the Pennsylvania State Police, and to notify neighborhoods when a sexually violent predator moved into the community. In 2004, significant changes were made to Megan’s Law, most importantly making information on all registered sex offenders available to the public on the Internet. Under Megan’s Law, the following “Tier” classifications exist:
Tier I sexual offenses require the offender to register for 15 years, and include the crimes of Luring a Child into a Motor Vehicle or Structure, Institutional Sexual Assault, Indecent Sexual Assault, Video Voyeurism, Invasion of Privacy, and Sexual Abuse of Children. Tier II sexual offenses require the offender to register for 25 years, and include the crimes of Trafficking in Individuals, Statutory Sexual Assault, Prostitution and related offenses, Unlawful Contact with a Minor, Sexual Exploitation of Children, and Production of Sexually Explicit Depictions of a Minor. Tier III sexual offenses require the offender to register for the remainder of his or her life, and include the crimes of Rape, Statutory Sexual Assault, Aggravated Indecent Assault, and Sexual Abuse. (This is not a complete list of the criminal offenses which fall under each Tier).
Sexually Violent Delinquent Child and Sexually Violent Predator
As of December 2014, Juvenile offenders are no longer required to register as a sex offender in the state of Pennsylvania, unless they are classified as a Sexually Violent Delinquent Child. A Sexually Violent Delinquent Child is a minor who commits an act of sexual violence, and that act, if committed by an adult offender, would have resulted in a conviction of: rape, involuntary deviate sexual intercourse, sexual assault, indecent assault, aggravated indecent assault or incest.
The minor must have been deemed by the court to require treatment, and will be labeled as a Sexually Violent Delinquent Child. A minor deemed a Sexually Violent Delinquent Child will be required to register as a sex offender for his or her lifetime. An adult individual who has been convicted of a sexual offense, whether a Tier I, II, or II, and is deemed to be a Sexually Violent Predator, must also register as a sex offender for his or her lifetime.
Reporting Requirements
Tier I offenders must report, in person, to the Pennsylvania State Police Approved Registration or Verification Site once a year, Tier II offenders are required to report every six months, Tier III offenders must report every three months, Transient offendres must report monthly, A Sexually Violent Delinquent Child must report every three months, and a Sexually Violent Predator must report every three months. Offenders who fail to appear in person at the Approved Registration Site are subject to prosecution. The offender must also appear within three business days if any of the following occur:
· The offender changes his or her name;
· The offender changes his or her place of residence;
· The offender fails to maintain a residence and becomes a transient;
· The offender starts a new job;
· The offender changes jobs;
· The offender quits or is terminated from his or her job;
· The offender enrolls as a student;
· The offender terminates enrollment as a student;
· The offender obtains a new telephone number;
· The offender changes his or her telephone number;
· The offender terminates his or her telephone number;
· The offender buys a vehicle;
· The offender changes vehicles;
· The offender sells his or her vehicle;
· The offender obtains temporary lodging or terminates temporary lodging;
· The offender obtains an e-mail address or changes an e-mail address, or
· The offender changes information related to professional or occupational licensing.
Notification Requirements for Transient Sexually Violent Predators or a Sexually Violent Delinquent Child
In the case of a transient Sexually Violent Predator or a transient Sexually Violent Delinquent Child, law enforcement must notify neighbors around the area where the person maintains a temporary habitat or a homeless shelter where the person resides as well as: the president of each college located within 1,000 feet of the offender’s temporary habitat, homeless shelter, park, etc., the licensee of each daycare, preschool program or family daycare in the area, the director of the County Children and Youth Service Agency and the Superintendent of each school district for public, private and parochial schools located within a one-mile radius of the transient or homeless offender’s “residence.”
Under Megan’s Law, members of the public can search the Internet for registered sex offenders living in their area. The information available includes the offender’s name, year of birth, street address, school the offender is enrolled in, place of employment, photograph of the offender, physical description with identifying marks such as tattoos or scars, the license plate number and description of the offender’s vehicle, description of the offense, date of conviction, and, when possible, a map of where the offender lives.
Pennsylvania Megan’s Law Information Center
- How are sex offenders graded in Pennsylvania?
- What is required of convicted sex offenders under this law?
- What kinds of criminal charges does a person face for failing to comply with Megan’s Law?
- Where can I find additional information about this subject?
Sex Offender Tiers Under Megan’s Law
In Pennsylvania, people convicted of certain sex offenses are required to register as sex offenders. Each sex offense is assigned to a specific tier, and the length of time that a person is required to register depends on the tier he or she was assigned to.
Tier I sex offenses require offenders to register for 15 years. A person will be classified as a Tier I offender if he or she was convicted of any of the following offenses:
- Coercion and Enticement — 18 U.S.C. § 2422(a);
- Corruption of Minors — 18 Pa.C.S. § 6301(a)(1)(ii);
- False Imprisonment — 18 Pa.C.S. § 2903(b);
- Filing Factual Statement About Alien Individual — 18 U.S.C. § 2424;
- Indecent Assault — 18 Pa.C.S. § 3126(a)(1);
- Institutional Sexual Assault — 18 Pa.C.S. § 3124.2(a);
- Interference with Custody of Children — 18 Pa.C.S. § 2904;
- Invasion of Privacy — 18 Pa.C.S. § 7507.1;
- Luring a Child into a Motor Vehicle or Structure — 18 Pa.C.S. § 2910;
- Certain Activities Relating to Material Constituting or Containing Child Pornography — 18 U.S.C. § 2252A;
- Misleading Domain Names on the Internet — 18 U.S.C. § 2252B;
- Misleading Words or Digital Images on the Internet — 18 U.S.C. § 2252C;
- Sexual Abuse of Children — 18 Pa.C.S. § 6312(d);
- Certain Activities Relating to Material Involving the Sexual Exploitation of Minors — 18 U.S.C. § 2252(a)(4);
- Transportation of Minors — 18 U.S.C. § 2423(b) and (c);
- Unlawful Restraint — 18 Pa.C.S. § 2902(b);
- Use of Interstate Facilities to Transmit Information About a Minor — 18 U.S.C. § 2425; or
- Video Voyeurism — 18 U.S.C. § 1801.
A person will also be classified as a Tier I offender for 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 the Commonwealth, a conviction of an attempt, conspiracy, or solicitation to commit an offense enumerated under Tier I classification, or 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 sex offenses require offenders to register for 25 years. A person will be classified as a Tier II offender if he or she was convicted of any of the following offenses:
- Abusive Sexual Contact — 18 U.S.C. § 2244;
- Certain Activities Relating to Material Involving the Sexual Exploitation of Minors — 18 U.S.C. § 2252(a)(1), (2) or (3);
- Coercion and Enticement — 18 U.S.C. § 2422(b);
- Obscene and Other Sexual Materials and Performances — 18 Pa.C.S. § 5903(a)(3)(ii), (4)(ii), (5)(ii) or (6);
- Production of Sexually Explicit Depictions of a Minor for Importation into the United States — 18 U.S.C. § 2260;
- Prostitution and Related Offenses — 18 Pa.C.S. § 5902(b.1);
- Selling or Buying of Children — 18 U.S.C. § 2251A;
- Sex Trafficking of Children by Force, Fraud, or Coercion — 18 U.S.C. § 1591;
- Sexual Abuse of a Minor — 18 Pa.C.S. § 6312(b) and (c);
- Sexual Abuse of a Minor or Ward — 18 U.S.C. § 2243;
- Sexual Exploitation of Children — 18 Pa.C.S. § 6320;
- Sexual Exploitation of Children — 18 U.S.C. § 2251;
- Statutory Sexual Assault — 18 Pa.C.S. § 3122.1(a)(2);
- Transportation Generally — 18 U.S.C. § 2421;
- Transportation of Minors — 18 U.S.C. § 2423(a); or
- Unlawful Contact with a Minor — 18 Pa.C.S. § 6318.
A person will also be classified as a Tier II offender for 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 the Commonwealth, or a conviction of an attempt, conspiracy or solicitation to commit an offense enumerated under Tier II classification.
Tier III sex offenses require offenders to register for life. A person will be classified as a Tier III offender if he or she has two or more convictions of offenses enumerated under Tier I or Tier II classification or was convicted of any of the following offenses:
- Abusive Sexual Contact (Where Victim is Under 13 Years of Age) — 18 U.S.C. § 2244;
- Aggravated Indecent Assault — 18 Pa.C.S. § 3125;
- Aggravated Sexual Abuse — 18 U.S.C. § 2241;
- Incest — 18 Pa.C.S. § 4302(b);
- Indecent Assault (Where Victim is Under 13 Years of Age) — 18 Pa.C.S. § 3126(a)(7);
- Institutional Sexual Assault — 18 Pa.C.S. § 3124.2(a.1);
- Involuntary Deviate Sexual Intercourse — 18 Pa.C.S. § 3123;
- Kidnapping — 18 Pa.C.S. § 2901(a.1);
- Rape — 18 Pa.C.S. § 3121;
- Sexual Abuse — 18 U.S.C. § 2242;
- Sexual Assault — 18 Pa.C.S. § 3124.1; or
- Statutory Sexual Assault — 18 Pa.C.S. § 3122.1(b).
A person will also be classified as a Tier II offender for 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 the Commonwealth, a conviction of an attempt, conspiracy or solicitation to commit an offense enumerated under Tier III classification, or two or more convictions of offenses enumerated under Tier I or Tier II classification.
Offender Requirements Under Megan’s Law
Registering as a sex offender is not simply a one-time event. People required to register as sex offenders must regularly appear in person at an approved registration site to verify or update their information,
The frequency with which offenders must make these appearances depends on their assigned Tier classification. Appearances are required as follows:
- Tier I Offenders — Required to register in person annually.
- Tier II Offenders — Required to register in person every six months.
- Tier III Offenders — Required to register in person every three months.
- Transient Offenders (No Permanent Address) — Required to register in person every month.
- Sexually Violent Delinquent Child — Required to register in person every three months.
- Sexually Violent Predator — Required to register in person every three months.
In addition to regular reporting requirements, all sex offenders—regardless of Tier classification—are required to register any change of or additional information in person at an approved registration site within three business days of the change or addition. This requirement applies to informational changes relating to any of the following:
- Email address, instant message address, or any other designations used in internet communications or postings;
- Employment;
- Enrollment as a student;
- Motor vehicle owned or operated, including watercraft or aircraft;
- Name, including an alias;
- Occupational and/or professional licensing;
- Residence;
- Telephone number; and
- Temporary lodging.
Penalties for Failure to Comply with Megan’s Law
Refusal to comply with Megan’ Law or providing inaccurate information can lead to extremely serious criminal charges. Regardless of a person’s Tier classification, this is a felony offense that can lead to several years of additional incarceration.
If a sexual offender refuses to comply with Megan’s Law, he or she will be charged as follows:
- Tier I Offenders — Third-degree felony;
- Tier II Offenders — Second-degree felony;
- Tier III Offenders — Second-degree felony;
- Sexually Violent Delinquent Child — Second-degree felony; or
- Sexually Violent Predator — Second-degree felony.
If a sexual offender provides inaccurate information when he or she registers, updates, or verifies his or her information, he or she will be charged as follows:
- Tier I Offenders — Second-degree felony;
- Tier II Offenders — First-degree felony;
- Tier III Offenders — First-degree felony;
- Sexually Violent Delinquent Child — First-degree felony; or
- Sexually Violent Predator — First-degree felony.
Pennsylvania Resources for Megan’s Law
Pennsylvania State Police Megan’s Law Website — This website established by the State Police provides information on registered sex offenders who reside, attend school, and/or are employed within the Commonwealth of Pennsylvania. You can learn more about the history of the law, get details about registration, and find answers to many frequently asked questions. You can also search offenders, get email notifications, and find a count of registrants by residence, employment, school, and county.
Bureau of Justice Assistance (BJA) Center for Program Evaluation and Performance Measurement — The BJA is one of the Office of Justice Programs in the United States Department of Justice (DOJ). This section of the BJA website is dedicated to sex offender programs and strategies. It covers sex offender treatment, sex offender laws, and links to publications about sex offender evaluations.
Perils of Registering Youth Who Commit Sex Offenses — This publication contains research conducted by the National Juvenile Justice Network (NJJN) regarding the effectiveness of including youths on public sex offender registries. It discusses how registration and notification offer no clear public safety benefits, creating and maintaining registries is expensive, and registration harms youth and their families. The paper examines how collateral consequences of registration and notification cause psychological harm, prevent youths from participating in school and work, negatively impacts the families of youth who offend, and places youths at risk of victimization.
Find a Lawyer for Megan’s Law Issues in West Chester
Are you facing criminal charges that may require you to register as a sex offender or are you already subject to these requirements? Have you been charged with failing to comply with Megan’s Law requirements?
Ciccarelli Law Offices helps clients throughout Southeastern Pennsylvania with these kinds of issues, and our firm has offices in West Chester, Plymouth Square, King of Prussia, Malvern, Kennett Square, Radnor, Lancaster, and Philadelphia. You can have our Chester County sex offense attorneys review your case by calling (610) 692-8700 right now to set up a free, confidential consultation.
If you have more questions concerning Megan’s Law, a Pennsylvania criminal defense attorney can help find the answers for you.
The sex crimes defense attorneys of Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania that have been accused of sexual assault crimes. Our Chester County based law firm is based at 304 North High Street, West Chester PA 19380 and serves clients in Kennett Square, Downingtown, West Chester, Coatesville, Exton, Chester Springs, Chadds Ford, Landenberg, Honey Brook, Oxford, Malvern, Parkesburg, Phoenixville and Paoli. Contact us now at (610) 692-8700 or call toll free (877) 529-2422. Don’t wait—contact an attorney immediately.