Tag: Pennsylvania

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

R H

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…

Read More

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

R H

[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…

Read More

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

R H

[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…

Read More

PA: Commonwealth v. Torsilieri

Admin

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,…

Read More

PA cannot require registration of juvenile offenders rules PA Supreme Court

R H

[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…

Read More

PA: Court Determines Annual Registration, Internet Publication Punishment

R H

[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…

Read More

Pennsylvania, Oregon Suspend In-Person Registration

R H

[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…

Read More

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

R H

[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…

Read More

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

Admin

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

Read More

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

Admin

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…

Read More

PA: Sex offender removed from the hospital during the birth of his child

Admin

Many of the stories we bring you on a daily basis here at WPXI are clear cut. They’re right or wrong. But this one had us here in the newsroom debating and even questioning ourselves. It’s one of those rare instances where you see both sides. Ken Moore is a registered sex offender but never thought that would keep him from seeing the birth of his third child. Full Article

Read More

PA: Over 400 Registered Sex Offenders In Erie Causes Halloween Concerns For Parents

R H

[erienewsnow.com – 10/25/19] Trick-or-treating can be fun and exciting… But going door-to-door to different homes can be very dangerous. Parents aren’t just concerned about tainted candy this Halloween, they’re also worried that children may be trick or treating around sexual predators. Halloween is a week away but people have already begun to celebrate at Millcreek Mall’s annual Trail of Treats event. Trick-or-treating in the mall is going to be the only Halloween some children experience this year.  The fear of a child being lured by sexual predators causes reluctance for…

Read More

PA: Internet dissemination provision of SORNA II violates the federal prohibition against ex post facto laws

Admin

Summary from FAC: A Pennsylvania Appeals Court has found that the dissemination of persons who have been convicted of sexual offenses’ information on the internet (Megan’s Law) violates the ex post facto clause of the Constitution for individuals whose offenses pre-date the ordinance. Pennsylvania’s Supreme Court had a prior landmark decision  (Commonwealth v. Muniz, 164 A.3d 1189 (Pa.2017)) finding similarly, so this new opinion will not likely be groundbreaking, but it will show that the prior findings are being upheld and people in Pennsylvania DO have relief from the public…

Read More

PA: A Kidnapping Law Could Unravel a Life

Admin

Friday, June 21, started like any other day for ____ ____. The Shippensburg, Pennsylvania, resident finished his overnight shift at a food-packaging plant and stopped for breakfast around 7 a.m. before making his way home. While driving through town, ____, 22, saw a girl who he thought was a friend of his younger sister. Rain appeared imminent to ____ and there was a slight drizzle, so he stopped to ask if she needed a ride. When he pulled up beside the girl, he realized that she wasn’t his sister’s friend…

Read More

PA: Constitutional right or crime? Case of alleged harassment of sex offender’s family heads to court

R H

[lehighvalleylive.com – 4/9/19] A father and son from Freemansburg accused of harassing the family of a sex offender are headed to Northampton County Court on their respective criminal charges. James Forte Sr. and James Forte Jr., who both live in 200 block of Juniata Street in the borough, had their preliminary hearings Tuesday in front of District Judge Nicholas Englesson. Following testimony from the victim and a borough police officer, Englesson sent all the charges to county court, where the pair now face possible trial. false Father and son accused…

Read More

PA: High Court will again review sex offender registration

Admin

Two years ago, the Pennsylvania Supreme Court shook up long-settled orthodoxy by ruling that the state’s sex offender registration law, otherwise known as SORNA (Sexual Offender Registration and Notification Act) was punishment. The case, Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2018), presented the Court with two questions: whether people who committed their crimes before the adoption of the law could continue to be registered without running afoul of the state Constitution’s Ex Post Facto Clause, a fairness doctrine that prevents governments from retroactively applying greater punishments to conduct than…

Read More