Criminal Defense Lawyers

Defending Against Philadelphia Sex Crime Registry Requirements

Defending Against Philadelphia Sex Crime Registry Requirements

Being charged with a sex crime in Philadelphia can feel incredibly scary and overwhelming. Even if you are ultimately acquitted or have the charges dropped, just being accused means your name and reputation are forever tied to these allegations. On top of that, if convicted, you may be required to register as a sex offender under Pennsylvania’s Sex Offender Registration and Notification Act (SORNA). This brings a whole new set of restrictions and requirements that can impact your life for years or even decades to come.

While the sex offender registry has good intentions—keeping the public safe from potential dangers—it can go too far in some cases. Many critics argue SORNA regulations are overly harsh and force people to remain punished and ostracized long after serving their sentence. As a Philadelphia sex crimes defense lawyer, I’ve seen firsthand how these registries can destroy lives and livelihoods. My goal is to vigorously defend your rights and fight to keep you off the sex offender registry whenever possible.

Who Has to Register as a Sex Offender in Pennsylvania?

Pennsylvania’s sex offender registration requirements apply to anyone convicted of a range of sex crimes and offenses. This includes things like:

• Rape and sexual assault
• Statutory sexual assault
• Involuntary deviate sexual intercourse
• Aggravated indecent assault
• Indecent assault
• Incest
• Sexual abuse of children (possession of child pornography, etc.)
• Unlawful contact with a minor
• Kidnapping of a minor
• Luring a child into a motor vehicle

The specific offenses classified as registerable sex crimes are laid out in Pennsylvania’s SORNA statute.

In addition to offenses under Pennsylvania law, you may also have to register as a sex offender if convicted of comparable crimes in other states or at the federal level.

Importantly, the registry isn’t only limited to convictions. You may still be required to register if you are:

• Found not guilty by reason of insanity
• Adjudicated delinquent (juveniles)
• Given accelerated rehabilitative disposition (ARD) or other pretrial probation/diversion programs

The critical factor is that you either pleaded guilty or no contest, or were found guilty of a registerable offense. Even if you later appeal the conviction and have it overturned, the original guilty verdict means SORNA obligations likely still apply.

How Pennsylvania’s Tier System Classifies Sex Offenders

Rather than taking a one-size-fits-all approach, Pennsylvania uses a three-tiered system to classify sex offenders and tailor registration requirements accordingly:

Tier 1 is reserved for the least serious offenses with a “low risk” of reoffending. This includes misdemeanor crimes like indecent exposure.

Tier 2 covers mid-level felony offenses that indicate a “moderate risk” of reoffending. Examples include statutory sexual assault and unlawful contact with a minor.

Tier 3 is for the most dangerous crimes like rape, aggravated indecent assault, and sexual abuse of young children. Tier 3 offenders are considered a “high risk” to reoffend.

The higher the tier, the longer the registration period and more extensive the requirements. Prosecutors make the initial decision on how to classify the offense, but judges can override this if they feel the tier designation is inappropriate.

Where it gets tricky is that the same criminal charge may end up in different tiers depending on specifics of the case. For instance, indecent assault of a minor under 13 is a Tier 3 offense, while indecent assault of an adult is only Tier 1.

As your attorney, I’ll thoroughly review the details of your case to argue for the lowest tier classification warranted. Even dropping down one level can significantly reduce the long-term impact of registration requirements.

What Information is Made Public in Pennsylvania’s Sex Offender Registry?

One of the biggest concerns surrounding sex offender registries is how much personal information is made publicly available. Pennsylvania’s SORNA statute lays out the following information about registered offenders that must be shared on the public registry website:

• Name and any aliases
• Year of birth
• Current home address
• Employer name and work address
• Occupation
• School name and address (if applicable)
• License plate/vehicle information
• Physical description (height, weight, etc.)
• Current photograph
• Criminal offense(s)
• Date and location of conviction(s)

As you can see, the public registry includes extensive identifying details that make it easy for anyone to search and find registrants in their neighborhood or workplace.

For juveniles adjudicated delinquent, the registry only displays name, block of residence, school, and offense. It does not show specific home address, employer details, vehicle descriptions, etc.

While the public registry aims to promote community safety by increasing awareness, it can also lead to harassment, discrimination, and vigilantism if information is misused. As a registrant, your address and movements are available for anyone to see – a scary thought.

Vigorously fighting the charges against you takes on an even greater urgency given the public shaming possibilities of the registry.

How Long Do You Have to Register as a Sex Offender in PA?

SORNA registration periods are tied to the tier system:

• Tier 1: 15 years
• Tier 2: 25 years
• Tier 3: Lifetime

The registration clock starts ticking once you are released from prison, finish probation, complete court-ordered treatment, or otherwise satisfy all obligations tied to your sentence.

If you are later convicted of additional sex crimes or fail to comply with registration requirements, that can extend or restart your registration period. Lifetime registrants are never eligible to be removed from the registry.

For juveniles adjudicated delinquent, registration ends when they turn 25 years old as long as they don’t commit additional offenses.

These registration timeframes are daunting, which is why aggressively fighting the charges against you is so important. Even “minor” sex crime convictions can haunt you for decades.

How to Challenge and Appeal PA Sex Offender Registration

If you are convicted of a registerable offense, SORNA gives you the right to challenge your sex offender classification and registration requirements.

You can file an appeal within 90 days of the initial classification decision by submitting written documents arguing why you should be given a lower tier level or relieved of registration obligations altogether.

Grounds for appeals include:

• The offense was improperly classified/tiered
• Offense doesn’t qualify for registration under SORNA
• Registration violates constitutional rights
• Underlying conviction was overturned/vacated

If your first appeal is denied, you have the right to request an evidentiary hearing where you can present witnesses and other evidence supporting your case. These hearings resemble mini trials and give you another chance to argue against unfair registration requirements.

Beyond the initial 90 day appeal window, you can petition for removal from the registry after completing 1/2 of your registration period if certain criteria are met. For example, 10 years of no subsequent offenses for a Tier 1 registrant. However, removal is not guaranteed – judges have discretion on whether to grant these petitions.

As you can see, you have options to fight back against unjust registry requirements. But your best bet is avoiding conviction altogether. Which brings us to…

Possible Defenses to Avoid Sex Offender Registration

The most powerful way to defend against burdensome SORNA registration is beating the charges outright. As your attorney, here are some of the defenses I may use to protect you:

False accusations – Perhaps you were falsely accused out of revenge, jealousy, or confusion. We can challenge credibility of witnesses and expose ulterior motives.

Consent – For crimes like statutory rape, we may argue the victim willingly consented even if underage. Or show that you reasonably believed they were of legal age.

Mistaken identity – The allegations may stem from mistaken identity if the perpetrator resembled you. Alibi witnesses and alibi evidence can prove you were elsewhere.

Unlawful police conduct – If police violated your rights or gathered evidence illegally, that may provide grounds to exclude it from trial and get charges dismissed.

Mental competency – We can argue you were mentally incompetent and unable to understand the nature of the alleged crimes.

Self-defense – If actions were taken to protect yourself or loved ones from harm, that may justify otherwise criminal behavior.

An experienced sex crimes attorney knows how to build a tenacious defense challenging every element of these allegations. My goal is putting you in the strongest position to avoid conviction and keep your name off the sex offender registry.

Don’t Accept Sex Crime Charges Lying Down

Being accused of a sex offense can make you feel powerless against the system. But with an assertive legal defense, you can protect your rights, reputation, and future. Rather than resigning yourself to registration requirements, I encourage you to fight back.

If you or a loved one are facing sex crime charges in Philadelphia, please get in touch for a free case evaluation. An attorney can advise you on all possible defenses and build a personalized strategy. Don’t leave your fate up to chance – take action today.