PA: Appellate court finds ‘predator’ process unconstitutional

A panel of appellate judges ruled last week that Pennsylvania’s established process to designate a convicted sex offender as a “sexually violent predator” is unconstitutional. Full Article

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The reason these laws exist in the first place is because that’s the only legal path to harming sex offenders they have. If given a legal option to maim and murder sex offenders, they would. End of story.

I am going to start calling these kinds of politicians “potential closet baby rapers”, since they have a higher risk to harm a child than someone already on the registry. Many of them actually get caught doing the very things they pass laws to punish those accused of the same.

This is important due to many people being labeled a SVP due to the age of the victim and NOT because they have stalked and repeatedly raped or molested people. When one thinks of a SVP they think of multiple victims and multiple crimes (think Jefferey Dahmer or the night stalker), not one crime and one conviction. Then these very same people have lifetime registry, not because they have proven themselves to be a repeat offender, but because of the age of the victim alone. Does that mean a person will have to rape multiple adults to get the same designation that one will get for molesting one child under a certain age? That doesn’t make sense!

Updates to Sex Offender Registration Law in Pa. Proposed

By Victoria Hudgins | November 09, 2017

    

Pennsylvania State Capitol.

A member of the Pennsylvania House of Representatives said his proposed legislation will adapt the Adam Walsh Act to prevent retroactive application of the law and still require sex offenders to continue registration as sex offenders to the Pennsylvania State Police.

According to state Rep. Ron Marsico, R-Dauphin’s memo, the Pennsylvania Supreme Court’s decision in Commonwealth v. Muniz found the state’s sexual offender registration act, known as the Adam Walsh Act of 2012, can’t be applied to defendants who committed their crimes before 2012 based on the U.S. and Pennsylvania constitutions.

Marsico said that could lead to removal of 10,000 sexual offenders from the state sexual offender registry. Marsico said his proposed legislation would conform the Adam Walsh Act to the Muniz case by preventing retroactive application of the law. His legislation would also place Megan’s Law III’s “safety net” that requires sex offenders—who haven’t currently finished their registration as a sex offender—to continue to register with the Pennsylvania State Police.

— Victoria Hudgins, of the Law Weekly