Tag: Pennsylvania

PA: Licensed Pennsylvania sex therapist defends ‘minor-attracted persons’ in viral video

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Source: foxnews.com 8/11/22 A licensed sex therapist and counselor sparked backlash on social media after posting a video where she appeared to defend “minor-attracted persons.” “They are probably the most vilified population of folks in our culture,” Miranda Galbreath says in the video posted on YouTube titled “Let’s talk about minor-attracted persons.” Galbreath goes on to explain that “most folks” make “incorrect assumptions” about “minor-attracted persons” and those assumptions “create harm for an already marginalized population.” “The term pedophile has moved from being a diagnostic label to being a judgmental,…

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PA: Court upholds sex offender registration as constitutional

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Source: huntingdondailynews.com 8/3/22 An attempt by a Petersburg man to be released from lifetime sexual offender registration failed last month when Pennsylvania’s Superior Court asserted registration is a “non-punitive, collateral consequence of his conviction” and not a violation of his constitutional rights. … According to the decision issued by the Superior Court in Howard’s case, Howard argued lifetime registration is “cruel and unusual punishment” and therefore violates his constitutional rights as outlined in the U.S. Constitution’s 8th Amendment. In its decision, written by the state Judge Alice Beck Dubow, the…

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PA: Ex-Police Chief Sentenced to Prison for Sex Crimes

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Source: attorneygeneral.gov 7/18/22 HARRISBURG–Attorney General Josh Shapiro today announced that former Weissport Chief of Police Brent Getz, of Lehighton, Pa., was sentenced to Brent Getz was sentenced today to 16-32 years in prison followed by three years consecutive probation for the repeated rape of a child and will be required to register as a sex offender for the remainder of his life under SORNA. “This sentencing ensures that Getz is held accountable for his horrific actions and that his victim receives long-awaited justice,” said AG Shapiro. “My office is committed…

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PA: Megan’s Law for nursing homes gaining traction in Harrisburg

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Source: triblive.com 1/15/22 A state lawmaker is making good on a promise to repair a flawed system that permits aging and ailing convicted sex offenders to quietly enter long-term care facilities — often unbeknownst to patients and staff — where some easily are finding their next victims. A bill set to be introduced next week by state Rep. Rob Matzie, D-Ambridge, comes in response to a Tribune-Review investigation published last month detailing what experts termed a simmering crisis involving more than 900,000 sex offenders on Megan’s Law registries across the nation. After…

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PA: Another Blow to SORNA I with Failure to Register Conviction Relief

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Source: parsol.org 12/28/21 December 22, 2021 has seen the release of many case opinions from the PA Supreme Court (SCOPA) with Commonwealth v. David Santana being the biggest win for our advocacy efforts. In a 5-2 decision, SCOPA affirmed the Superior Court’s opinion that “Mr. Santana’s registration requirement under SORNA was an after-the-fact punishment, and therefore unconstitutional. Accordingly, he had no duty to comply with those requirements and his conviction for ignoring them, under 18 Pa.C.S.A. § 4915.1(a)(3) [failure to provide accurate information], was a manifest injustice and must be…

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PA: Life sentence for Edwardsville man convicted of child pornography

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Source: timesleader.com 8/27/21 WILKES-BARRE — In what attorneys believe to be the first in Pennsylvania, an Edwardsville man convicted by a Luzerne County jury of possessing child pornography was sentenced Friday to spend the rest of his life in state prison. Joseph J. Davis’ apology had no effect on Judge Tina Polachek Gartley, who expressed compassion for the jurors when they viewed video of two children being raped during the trial. Although no sound was played to the jury, Polachek Gartley said the images from the video will be forever…

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PA: Bill Cosby freed from prison, his sex conviction overturned

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Source: apnews.com 6/30/21 PHILADELPHIA (AP) — Pennsylvania’s highest court threw out Bill Cosby’s sexual assault conviction and released him from prison Wednesday in a stunning reversal of fortune for the comedian once known as “America’s Dad,” ruling that the prosecutor who brought the case was bound by his predecessor’s agreement not to charge Cosby. Cosby, 83, flashed the V-for-victory sign to a helicopter overhead as he trudged into his suburban Philadelphia home after serving nearly three years of a three- to 10-year sentence for drugging and violating Temple University sports…

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PA: What protections are in place to stop repeat sexual offenders FOX43 Reveals

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[fox43.com – 5/2/21] HARRISBURG, Pa. — Most registered sex offenders are well within their rights to live close to a school or daycare—and many do. FOX43 Reveals how often it is happening and what protections are in place to stop repeat offenders. Each month, daycare supervisor Karla Rivero gets a new batch of mugshots of registered sex offenders that live near her work: Busy Bees Child Care Center in Lancaster. “If I could tell you the amount of papers we receive in a month, it’s ridiculous,” Rivero said. Megan’s Law…

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PA: Sharpsville church ‘disfellowshipped’ over pastor’s criminal past

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[wkbn.com – 3/2/21] SHARPSVILLE, Pa. (WKBN) – A pastor in Sharpsville committed a crime long ago. Because of it, his church has been expelled from a prestigious national organization. The church is West Side Baptist, which was “disfellowshipped” last week by the Executive Committee of the Southern Baptist Convention, the largest Baptist and Protestant denomination in the United States. The church is located on East Main Street in Sharpsville. It was expelled or disfellowshipped because of its pastor David Pearson. … The statement from West Side Baptist also claimed that…

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PA: Commonwealth v. Torsilieri

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Nature of Case: Mr. Torsilieri — the Appellee in this case — was convicted of a sex offense and, as such, was required to register as a sex offender under Pennsylvania’s sex offense registration scheme. He brought a post-conviction challenge alleging that, because Pennsylvania’s sex offense registration law essentially used an irrebutable presumption of dangerousness that if violated several constitutional provisions related to punishment as well as state constitutional provisions protecting reputation. The trial court agreed, and and held that based on expert evidence adducing that re-offense rates were lower,…

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PA cannot require registration of juvenile offenders rules PA Supreme Court

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[narsol.org – 5/28/20] In 2006, Defendant  Zeno committed two delinquent acts that occurred when he was age 14 and 16. Because of the nature of the two acts, his case was transferred from juvenile court to adult criminal court where he pled guilty to rape of a child, sexual assault, criminal attempt (rape), criminal attempt (incest), and indecent assault. The trial court sentenced him to an aggregate sentence of four to eight years’ incarceration followed by five years’ probation, and informed him that he would be required to register as…

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PA: Court Determines Annual Registration, Internet Publication Punishment

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[ACSOL] The Commonwealth Court of Pennsylvania issued an important decision on May 11, 2020, in which it determined that annual registration as well as publication of a registrant’s personal information on the internet constitutes punishment.  The petition in this case committed a sex offense prior to the effective date of these requirements. According to the Court, annual in-person registration “imposes affirmative restraints and probation-like conditions.”  The Court determined that the annual registration requirement was excessive.  The Court also ruled that the state law requiring the posting a registrant’s personal information…

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Pennsylvania, Oregon Suspend In-Person Registration

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[ACSOL] The States of Pennsylvania and Oregon have temporarily suspended in-person registration for all registrants in those state.  Instead of in-person registration, Pennsylvania is allowing registrants to register by mail, if needed, and Oregon is allowing registrants to register by telephone. “Pennsylvania and Oregon are protecting the public, including registrants and their families, from further infection of COVID-19 by suspending in-person registration,” stated ACSOL Executive Director Janice Bellucci.  “These states are setting an example that should be followed by all 50 states in the nation.”   In Pennsylvania, registrants are…

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PA: Five Cases Could Significantly Reform Pennsylvania’s Sex Offense Registry. The State’s Attorney General Is Pushing Back

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[theappeal.org – 1/7/20] Josh Shapiro has warned that changing the state’s sex offense registry requirements threatens public safety. But experts say his fears are unfounded and the registry provides little to no public safety benefit. The Pennsylvania Supreme Court is expected to rule on five cases this year that could change how the state treats people convicted of sex offenses, and could ease the state’s sex offense registry restrictions, commonly referred to as Megan’s Law. But in a December opinion piece, state Attorney General Josh Shapiro warned that if the…

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PA: Sex offender registry law in Pa. facing life-or-death test at Supreme Court

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The landmark Pennsylvania law that for nearly a quarter of a century has required a public registry of sex offenders and community notification about their whereabouts is facing a life-or-death challenge before the state’s highest court. Full Article Related PA: Attorney General – Cases could jeopardize Megan’s Law sex offenders registry

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PA: Attorney General – Cases could jeopardize Megan’s Law sex offenders registry

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Survivors of sexual assault have shared with me their struggles in overcoming the traumatic harm caused by those who’ve preyed upon them. Their strength and courage inspires and drives me every day to pursue allegations of sexual abuse wherever we find it. In 1994, 7-year-old Megan Kanka was raped and murdered by her neighbor — someone her parents did not know had two prior convictions for sexually assaulting young girls. Her death and memory made a profound impact on our nation and resulted in “Megan’s Law.” Through Megan’s Law, survivors…

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