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Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2013




                                 Legislative Highlights
                                                                     Ann Schwartzman
                                                       Policy Director, The Pennsylvania Prison Society


 The new session of the Pennsylvania General Assembly has begun. As of mid-January, there is little to report, so we
have included this important information regarding Pennsylvania’s sex offender laws.


     WHAT     YOU NEED TO KNOW ABOUT                       PENNSYLVANIA’S               SEX OFFENDER REGISTRATION LAWS

You must fully comply with the law. Even if you do not agree with your classification or the requirements,
    you must continue to register and provide accurate information while you challenge your status.
An official at your facility will have you complete a preliminary registration form. You must then report to
   a designated site in person within 48 hours of release to complete your registration. Failure to fully
                      comply with this law is a felony with mandatory state sentences.

 Effective December 20, 2012, Pennsylvania moved to a three-                  If there is any change in one or more of these, you must report
 tiered system for classification. Based on the most serious                  in person to a registration site within three business days.
 offense for which you were convicted, you will be placed into a
 tier. (See table on Page 7.)                                                 The following information about you will be posted on the Penn-
                                                                              sylvania State Police website:
 If you are already registered, your must comply with your new
 tier assignment. If you are not yet registered, but are in prison                Your name and any aliases;
 or under parole/probation supervision for one of the charges on
 the table, you must register prior to release.                                   Your primary address and any secondary addresses;

 Offenders under Tier 1 must register annually for 15 years.                      Your work address or area of travel;
 Offenders under Tier 2 must register every six months for 25
 years. Offenders under Tier 3 must register every 3 months for                   Your school information;
 the rest of their lives.
                                                                                  The description and license plate numbers of all vehicles
 You must report within 10 days before the date specified by
                                                                                   you own or operate;
 the State Police. If you are homeless, you must report to a
 registration site every month.                                                   Your physical description;
 If you were determined by the sentencing court to be a sexual-
 ly violent predator (SVP), you are automatically placed in Tier
                                                                                  The text of the statutes of your charges;
 3 plus you must attend at least monthly counseling sessions
                                                                                  Your current photograph and up to eight previous photo-
 with a treatment provider who is approved by the Sex Offend-
                                                                                   graphs, including the dates they were taken;
 er Assessment Board (SOAB).
 You must provide the following information when you appear                       Whether or not you are in compliance with these laws;
 at a registration site:
                                                                                  The dates when your registration became active and when
     Your true name and any aliases, ethnic, or tribal names;                     your information was last updated;
     Your primary address and any address where you will                         Whether or not your victim was a minor;
      spend seven or more days;
     If you are homeless: any temporary shelters, parks, or                      Whether or not you are a sexually violent predator, a sex-
      places you frequent or pick-up your mail;                                    ually violent delinquent child, or your Tier assignment.
     Your phone numbers, including cell phone numbers;                       Juvenile offenders will not be listed on the website, but those
     Your Social Security number;                                            declared to be sexually violent delinquent children will. Juve-
                                                                              nile offenders and sexually violent delinquent children must
     The names and addresses of all employers or your areas                  report every three months for the rest of their lives.
      of travel if you don’t work at a fixed location;
     Any occupational or professional licenses you hold;                     If you fail to appear when scheduled or if you provide incom-
                                                                              plete or inaccurate information, you may be charged with a new
     The names and addresses of any schools you attend;
                                                                              crime that carries serious mandatory minimum penalties.
     Your driver’s license and the registration information for
      any vehicles you own or operate;                                        You will receive a notice in the US Mail reminding you to ap-
                                                                              pear as scheduled, however failure to receive the notice does not
     Your date of birth;
                                                                              excuse you from appearing on time.
     Any passport or immigration documents in your name;
     Your e-mail addresses and all Internet and social media                 Sexually violent predators and sexually violent delinquent chil-
                                                                              dren are subject to door-to-door notification by the authorities.
      IDs and monikers.

                                                                          6
               The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2013


                                                                       Sex Offense Tiers (Effective 12/20/2012)

                                Tier 1 (42§9799.14(b))                            Tier 2 (42§9799.14(c))                              Tier 3 (42§9799.14(d))
                          18 Pa.C.S. §2902(b) Unlawful restraint of      18 Pa.C.S. §3122.1(a)(2) Statutory sexual           18 Pa.C.S. §2901(a.1) Kidnapping (minor
                          minor by non-parent or non-guardian            assault                                             victim)
                          18 Pa.C.S. §2903(b) False imprisonment         18 Pa.C.S. §3124.2(a.2)(a.3) Institutional
                                                                                                                             18 Pa.C.S. §3121 Rape
                          of minor by non-parent or non-guardian         sexual assault
 PENNSYLVANIA OFFENSES




                                                                                                                             18 Pa.C.S. §3122.1(b) Statutory sexual assault
                          18 Pa.C.S. §2904 Interfering with the          18 Pa.C.S. §3126(a)(2,3,4,5,6,8) Indecent
                                                                                                                             (victim under 16 and offender 11 or more
                          custody of minor                               assault
                                                                                                                             years older)
                          18 Pa.C.S. §2910 Luring a child into a         18 Pa.C.S. §5902(b.1) Promoting prostitution
                                                                                                                             18 Pa.C.S. §3123 IDSI
                          motor vehicle or structure                     of minor
                          18 Pa.C.S. §3124.2(a) Institutional sexual     18 Pa.C.S. §5903(a)(3)(ii), (4)(ii), (5)(ii), (6)
                                                                                                                             18 Pa.C.S. §3124.1 Sexual assault
                          assault (victim 18 or older)                   Obscene materials (minor)
                                                                         18 Pa.C.S. §6312 (b) (c) Sexual abuse of            18 Pa.C.S. §3124.2(a.1) Institutional sexual
                          18 Pa.C.S. §3126(a)(1) Indecent assault
                                                                         children                                            assault (victim under 18)
                          18 Pa.C.S. §6301(a)(1)(ii) Corruption of
                                                                         18 Pa.C.S. §6318 Unlawful contact with minor        18 Pa.C.S. §3125 Aggravated indecent assault
                          minors
                          18 Pa.C.S. §6312(d) Sexual abuse of            18 Pa.C.S. §6320 Sexual exploitation of
                                                                                                                             18 Pa.C.S. §3126(a)(7) Indecent assault
                          children                                       children
                                                                                                                             18 Pa. C.S. §4302(b) Incest (victim under 13,
                          18 Pa.C.S. §7501.1 Invasion of privacy                                                             or under 18 and more than 4 years younger than
                                                                                                                             offender.)
                                                                                                                             All sexually violent predators (SVP)

                          18 U.S.C. §1801 Video Voyeurism                18 U.S.C. §1591 Sex trafficking                     18 U.S.C. §2241 Aggravated sexual assault
                          18 U.S.C. §2252(a)(4) Materials                18 U.S.C. §2243 Sexual abuse of minor/ward          18 U.S.C. §2242 Sexual abuse

                          18 U.S.C. §2252(a) Pornography                 18 U.S.C. §2244 Abuse (sexual contact)              18 U.S.C. §2244 Abuse sexual contact
 FEDERAL OFFENSES




                                                                         18 U.S.C. §2251 Sexual exploitation of
                          18 U.S.C. §2252(b) Internet domain
                                                                         children
                          18 U.S.C. §2252(c) Embedded Internet
                                                                         18 U.S.C. §2251(a) Selling/buying children
                          words or images
                                                                         18 U.S.C. §2252(a)(1), (2) or (3) Activities
                          18 U.S.C. §2422(a) Coercion
                                                                         related to sexual exploitation of children
                          18 U.S.C. §2423(b) Transportation of           18 U.S.C. §2260 Production of child
                          minors                                         pornography
                          18 U.S.C. §2423(c) Transportation of
                                                                         18 U.S.C. §2421 Transportation
                          minors
                          18 U.S.C. §2424 Factual statement              18 U.S.C. §2422(b) Coercion and enticement

                          18 U.S.C. §2425 Interstate facilities          18 U.S.C. §2423(a) Related to prostitution
                          Comparable military or other offenses,         Comparable military or other offenses, other        Comparable military or other offenses, other
                          other jurisdictions.                           jurisdictions.                                      jurisdictions.
                                                                                                                             Conspiracy, attempt or solicitation of the above
                                                                                                                             offenses.
                          Conspiracy, attempt or solicitation of the     Conspiracy, attempt or solicitation of the above
                          above offenses .                               offenses .                                          2 or more convictions for Tier 1 or Tier 2
                                                                                                                             offenses.


If you have any questions about your registration, contact:
Pennsylvania State Police
Bureau of Records and Identification
Megan’s Law Section
1800 Elmerton Avenue
Harrisburg, PA 17110
1-866-771-3170
The registration website is found at www.pameganslaw.state.pa.us.


                         This is not a substitute for legal advice from an attorney. While we have made every
                          effort to ensure its accuracy, you should consult an attorney if you have questions.

                                                                                                7
                                   The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.

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Sex offender registration info

  • 1. Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2013 Legislative Highlights Ann Schwartzman Policy Director, The Pennsylvania Prison Society The new session of the Pennsylvania General Assembly has begun. As of mid-January, there is little to report, so we have included this important information regarding Pennsylvania’s sex offender laws. WHAT YOU NEED TO KNOW ABOUT PENNSYLVANIA’S SEX OFFENDER REGISTRATION LAWS You must fully comply with the law. Even if you do not agree with your classification or the requirements, you must continue to register and provide accurate information while you challenge your status. An official at your facility will have you complete a preliminary registration form. You must then report to a designated site in person within 48 hours of release to complete your registration. Failure to fully comply with this law is a felony with mandatory state sentences. Effective December 20, 2012, Pennsylvania moved to a three- If there is any change in one or more of these, you must report tiered system for classification. Based on the most serious in person to a registration site within three business days. offense for which you were convicted, you will be placed into a tier. (See table on Page 7.) The following information about you will be posted on the Penn- sylvania State Police website: If you are already registered, your must comply with your new tier assignment. If you are not yet registered, but are in prison  Your name and any aliases; or under parole/probation supervision for one of the charges on the table, you must register prior to release.  Your primary address and any secondary addresses; Offenders under Tier 1 must register annually for 15 years.  Your work address or area of travel; Offenders under Tier 2 must register every six months for 25 years. Offenders under Tier 3 must register every 3 months for  Your school information; the rest of their lives.  The description and license plate numbers of all vehicles You must report within 10 days before the date specified by you own or operate; the State Police. If you are homeless, you must report to a registration site every month.  Your physical description; If you were determined by the sentencing court to be a sexual- ly violent predator (SVP), you are automatically placed in Tier  The text of the statutes of your charges; 3 plus you must attend at least monthly counseling sessions  Your current photograph and up to eight previous photo- with a treatment provider who is approved by the Sex Offend- graphs, including the dates they were taken; er Assessment Board (SOAB). You must provide the following information when you appear  Whether or not you are in compliance with these laws; at a registration site:  The dates when your registration became active and when  Your true name and any aliases, ethnic, or tribal names; your information was last updated;  Your primary address and any address where you will  Whether or not your victim was a minor; spend seven or more days;  If you are homeless: any temporary shelters, parks, or  Whether or not you are a sexually violent predator, a sex- places you frequent or pick-up your mail; ually violent delinquent child, or your Tier assignment.  Your phone numbers, including cell phone numbers; Juvenile offenders will not be listed on the website, but those  Your Social Security number; declared to be sexually violent delinquent children will. Juve- nile offenders and sexually violent delinquent children must  The names and addresses of all employers or your areas report every three months for the rest of their lives. of travel if you don’t work at a fixed location;  Any occupational or professional licenses you hold; If you fail to appear when scheduled or if you provide incom- plete or inaccurate information, you may be charged with a new  The names and addresses of any schools you attend; crime that carries serious mandatory minimum penalties.  Your driver’s license and the registration information for any vehicles you own or operate; You will receive a notice in the US Mail reminding you to ap- pear as scheduled, however failure to receive the notice does not  Your date of birth; excuse you from appearing on time.  Any passport or immigration documents in your name;  Your e-mail addresses and all Internet and social media Sexually violent predators and sexually violent delinquent chil- dren are subject to door-to-door notification by the authorities. IDs and monikers. 6 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.
  • 2. Graterfriends ― A Publication of The Pennsylvania Prison Society ― February 2013 Sex Offense Tiers (Effective 12/20/2012) Tier 1 (42§9799.14(b)) Tier 2 (42§9799.14(c)) Tier 3 (42§9799.14(d)) 18 Pa.C.S. §2902(b) Unlawful restraint of 18 Pa.C.S. §3122.1(a)(2) Statutory sexual 18 Pa.C.S. §2901(a.1) Kidnapping (minor minor by non-parent or non-guardian assault victim) 18 Pa.C.S. §2903(b) False imprisonment 18 Pa.C.S. §3124.2(a.2)(a.3) Institutional 18 Pa.C.S. §3121 Rape of minor by non-parent or non-guardian sexual assault PENNSYLVANIA OFFENSES 18 Pa.C.S. §3122.1(b) Statutory sexual assault 18 Pa.C.S. §2904 Interfering with the 18 Pa.C.S. §3126(a)(2,3,4,5,6,8) Indecent (victim under 16 and offender 11 or more custody of minor assault years older) 18 Pa.C.S. §2910 Luring a child into a 18 Pa.C.S. §5902(b.1) Promoting prostitution 18 Pa.C.S. §3123 IDSI motor vehicle or structure of minor 18 Pa.C.S. §3124.2(a) Institutional sexual 18 Pa.C.S. §5903(a)(3)(ii), (4)(ii), (5)(ii), (6) 18 Pa.C.S. §3124.1 Sexual assault assault (victim 18 or older) Obscene materials (minor) 18 Pa.C.S. §6312 (b) (c) Sexual abuse of 18 Pa.C.S. §3124.2(a.1) Institutional sexual 18 Pa.C.S. §3126(a)(1) Indecent assault children assault (victim under 18) 18 Pa.C.S. §6301(a)(1)(ii) Corruption of 18 Pa.C.S. §6318 Unlawful contact with minor 18 Pa.C.S. §3125 Aggravated indecent assault minors 18 Pa.C.S. §6312(d) Sexual abuse of 18 Pa.C.S. §6320 Sexual exploitation of 18 Pa.C.S. §3126(a)(7) Indecent assault children children 18 Pa. C.S. §4302(b) Incest (victim under 13, 18 Pa.C.S. §7501.1 Invasion of privacy or under 18 and more than 4 years younger than offender.) All sexually violent predators (SVP) 18 U.S.C. §1801 Video Voyeurism 18 U.S.C. §1591 Sex trafficking 18 U.S.C. §2241 Aggravated sexual assault 18 U.S.C. §2252(a)(4) Materials 18 U.S.C. §2243 Sexual abuse of minor/ward 18 U.S.C. §2242 Sexual abuse 18 U.S.C. §2252(a) Pornography 18 U.S.C. §2244 Abuse (sexual contact) 18 U.S.C. §2244 Abuse sexual contact FEDERAL OFFENSES 18 U.S.C. §2251 Sexual exploitation of 18 U.S.C. §2252(b) Internet domain children 18 U.S.C. §2252(c) Embedded Internet 18 U.S.C. §2251(a) Selling/buying children words or images 18 U.S.C. §2252(a)(1), (2) or (3) Activities 18 U.S.C. §2422(a) Coercion related to sexual exploitation of children 18 U.S.C. §2423(b) Transportation of 18 U.S.C. §2260 Production of child minors pornography 18 U.S.C. §2423(c) Transportation of 18 U.S.C. §2421 Transportation minors 18 U.S.C. §2424 Factual statement 18 U.S.C. §2422(b) Coercion and enticement 18 U.S.C. §2425 Interstate facilities 18 U.S.C. §2423(a) Related to prostitution Comparable military or other offenses, Comparable military or other offenses, other Comparable military or other offenses, other other jurisdictions. jurisdictions. jurisdictions. Conspiracy, attempt or solicitation of the above offenses. Conspiracy, attempt or solicitation of the Conspiracy, attempt or solicitation of the above above offenses . offenses . 2 or more convictions for Tier 1 or Tier 2 offenses. If you have any questions about your registration, contact: Pennsylvania State Police Bureau of Records and Identification Megan’s Law Section 1800 Elmerton Avenue Harrisburg, PA 17110 1-866-771-3170 The registration website is found at www.pameganslaw.state.pa.us. This is not a substitute for legal advice from an attorney. While we have made every effort to ensure its accuracy, you should consult an attorney if you have questions. 7 The opinions expressed are of the authors and not necessarily those of Graterfriends or The Pennsylvania Prison Society.