Megan’s Law / SORNA

SORNA/Megan’s Law Has Established the Following Classes of Offenders:

TIER I Sexual Offenses – 15 Year Registration

The following offenses are classified as Tier I offenses:

• 18 Pa.C.S. § 2902(b) (Unlawful Restraint)
• 18 Pa.C.S. § 2903(b) (False Imprisonment)
• 18 Pa.C.S. § 2904 (Interference with Custody of Children) except in cases where the defendant is the child’s parent, guardian or other lawful custodian.
• 18 Pa.C.S. § 2910 (Luring a Child into a Motor Vehicle or Structure)
• 18 Pa.C.S. § 3011(a)(1) and (2) (trafficking in individuals)
• 18 Pa.C.S. § 3013 (patronizing a victim of sexual servitude)
• 18 Pa.C.S. § 3124.2(a) (Institutional Sexual Assault)
• 18 Pa.C.S. § 3126(a)(1) (Indecent Assault)
• 18 Pa.C.S. § 6301(a)(1)(ii) (Corruption of Minors)
• 18 Pa.C.S. § 6312(d) (Sexual Abuse of Children – Child Pornography)
• 18 Pa.C.S. § 7507.1. (Invasion of Privacy)
• 18 U.S.C. § 1801 (Video Voyeurism)
• 18 U.S.C. § 2252(a)(4) (Certain Activities Relating to Material Involving the Sexual Exploitation of Minors)
• 18 U.S.C. § 2252A (Certain Activities Relating to Material Constituting or Containing Child Pornography)
• 18 U.S.C. § 2252B (Misleading Domain Names on the Internet)
• 18 U.S.C. § 2252C (Misleading Words or Digital Images on the Internet)
• 18 U.S.C. § 2422(a) (Coercion and Enticement)
• 18 U.S.C. § 2423(b), and (c) (Transportation of Minors)
• 18 U.S.C. § 2424 (Filing Factual Statement about Alien individual)
• 18 U.S.C. § 2425 (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

The following offenses are classified as Tier II offenses:

• 18 Pa.C.S. § 3011(b) (Trafficking in Individuals)
• 18 Pa.C.S. § 3012 (Involuntary Servitude)
• 18 Pa.C.S. § 3122.1(a)(2) (Statutory Sexual Assault)
• 18 Pa.C.S. § 3124.2(a.2) and (a.3) (Institutional Sexual Assault)
• 18 Pa.C.S. § 3126(a)(2), (3), (4), (5), (6) or (8) (Indecent Assault)
• 18 Pa.C.S. § 5902(b.1) (Prostitution and related Offenses)
• 18 Pa.C.S. § 5903(a)(3)(ii), (4)(ii), (5)(ii) or (6) (Obscene and other Sexual Materials and Performances)
• 18 Pa.C.S. § 6312(b) and (c)(Sexual Abuse of Children – Child Pornography)
• 18 Pa.C.S. § 6318 (Unlawful Contact with Minor)
• 18 Pa.C.S. § 6320 (Sexual Exploitation of Children)
• 18 U.S.C. § 1591 (Sex Trafficking of Children by Force, Fraud, or Coercion)
• 18 U.S.C. § 2243 (Sexual Abuse of a Minor or Ward)
• 18 U.S.C. § 2244 (Abusive Sexual Contact – victim is 13 years of age or older but under 18 years of age)
• 18 U.S.C. § 2251 (Sexual Exploitation of Children)
• 18 U.S.C. § 2251A (Selling or Buying of Children)
• 18 U.S.C. § 2252(a)(1), (2) or (3) (Certain Activities Relating to Material Involving the Sexual Exploitation of Minors)
• 18 U.S.C. § 2260 (Production of Sexually Explicit Depictions of a Minor for Importation into the United States)
• 18 U.S.C. § 2421 (Transportation Generally)
• 18 U.S.C. § 2422(b) (Coercion and Enticement)
• 18 U.S.C. § 2423(a) (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

The following offenses are classified as Tier III offenses:

• 18 Pa.C.S. § 2901(a.1) (Kidnapping)
• 18 Pa.C.S. § 3121 (Rape)
• 18 Pa.C.S. § 3122.1(b) (Statutory Sexual Assault)
• 18 Pa.C.S. § 3123 (Involuntary Deviate Sexual Intercourse)
• 18 Pa.C.S. § 3124.1 (Sexual Assault)
• 18 Pa.C.S. § 3124.2(a.1) (Institutional Sexual Assault)
• 18 Pa.C.S. § 3125 (Aggravated Indecent Assault)
• 18 Pa.C.S. § 3126(a)(7) (Indecent Assault)
• 18 Pa.C.S. § 4302(b) (Incest)
• 18 U.S.C. § 2241 (Aggravated Sexual Abuse)
• 18 U.S.C. § 2242 (Sexual Abuse)
• 18 U.S.C. § 2244 (Abusive Sexual Contact – where the victim is under 13 years of age)
• 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.
• A conviction of a sexually violent offense which occurred prior to December 20, 2012 and a subsequent conviction for an offense occurring after that date.

Ten-Year Offenses

The following offenses are classified as ten-year offenses:

• 18 Pa. C.S. § 2901 (relating to Kidnapping) where the victim is a minor
• 18 Pa. C.S. § 2910 (relating to Luring a Child into a Motor Vehicle or Structure) if the offense occurred on or after January 26, 2005 and before December 20, 2012.
• 18 Pa. C.S. § 3124.2 (relating to Institutional Sexual Assault) if the offense occurred on or after January 26, 2005 and before December 20, 2012.
• 18 Pa. C.S. § 3126 (relating to Indecent Assault) where the offense is graded as a misdemeanor of the first degree or higher.
• 18 Pa. C.S. § 4302 (relating to Incest) where the victim is twelve years of age or older but under eighteen years of age.
• 18 Pa. C.S. § 5902 (b) or (b.1) (relating to Prostitution and Related Offenses) where the actor promotes the prostitution of a minor.
• 18 Pa. C.S. § 5903 (a)(3), (4), (5), or (6) (relating to Obscene and Other Sexual Materials and Performances) where the victim is a minor.
• 18 Pa. C.S. § 6312 (relating to Sexual Abuse of Children)
• 18 Pa. C.S. § 6318 (relating to unlawful Contact with a Minor)
• 18 Pa. C.S. § 6320 (relating to Sexual Exploitation of Children)
• Individuals convicted of an attempt, conspiracy or solicitation to commit any of the offenses requiring ten-year or lifetime registration.
• 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.

Lifetime Offenses

The following require lifetime registration:

• An individual with two or more convictions of any of the Ten-year Offenses mentioned above.
• 18 Pa. C.S. § 3121 (relating to Rape)
• 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. § 3125 (relating to Aggravated Indecent Assault)
• 18 Pa. C.S. § 4302 when the victim is under twelve years of age.
• 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.
• Anyone determined to be a Sexually Violent Predator.

Juveniles and SORNA/Megan’s Law

Juveniles are no longer required to register under SORNA/Megan’s Law since the Pennsylvania Supreme Court struck down SORNA’s Juvenile Offender registration requirements as unconstitutional in 2014. However, if the juvenile is determined by the Court to be a Sexually Violent Delinquent Child, the child will still be subject to registration for life. There are two criteria for the Court to find a minor a Sexually Violent Delinquent Child:

First, the minor must be found delinquent (guilty) of the following offenses:

• Rape
• Involuntary Deviate Sexual Intercourse
• Sexual Assault
• Aggravated Indecent Assault
• Indecent Assault
• Incest

Second, the Court must determine the Minor is in need of involuntary commitment for treatment.

Reporting Requirements

• Tier I offenders are required to appear annually.
• Tier II offenders are required to appear semiannually (twice a year).
• Tier III offenders are required to appear quarterly (four times a year).
• Ten-year registrants are required to appear annually.
• Lifetime registrants are required to appear annually.
• Transient offenders (persons with no permanent address) are required to appear monthly.
• Sexually Violent Delinquent Children are required to appear quarterly (four times a year).
• Sexually Violent Predators are required to appear quarterly (four times a year).

Required Registration Information

The following is just some of the information that is required to be provided to the State Police when you are convicted of a SORNA/Megan’s Law Offense.

• Name, including any alias,
• Residence or failure to maintain a residence, thus making the individual transient,
• Employment,
• Enrollment as a student,
• Telephone number, including a cell phone number,
• Motor vehicles owned or operated, including watercraft or aircraft. In order to fulfill the requirements of this paragraph, the individual must provide any license plate numbers and registration numbers and other identifiers and the address of the place the where the vehicle is stored,
• Email address, instant message address or any other designations used in Internet communications or postings,
• Information related to occupational and professional licensing, including type of license held and license number,

Further, any change or addition to the above information requires an in-person appearance at an approved Registration or Verification Site within three business days.

Failure to appear in-person within three business days to report any change in the above information can result in extreme penalties and consequences such as criminal prosecution.