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  Pennsylvania Megan's Law Registered Sex Offenders PENNSYLVANIA MEGAN'S LAW

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Pennsylvania Megan's Law and Victim's Rights
Contact Person: Sgt. Kim Hawkins, State Police (717) 783-4363 Fax (717) 705-8839.
Offenders Required to Register: An individual convicted of a sexually violent offense or of attempt to commit a sexually violent offense. These are: Rape; Aggravated Indecent Assault; Involuntary Deviate Sexual Intercourse; Sexual Assault; Kidnapping (victim is a minor); Indecent Assault ( victim is less than 13 years); Incest; Promotion of Prostitution (victim is a minor); Obscene and other Sexual Materials; Unlawful Contact or Communication with Minor and sexual exploitation of children. An individual convicted of an equivalent offense where the conviction occurred in another state, territory, federal court, the District of Columbia or where the individual was sentenced by court martial, or where the individual was required to register under a sexual offender statute in the jurisdiction where they were convicted, and the individual: resides in Pennsylvania; or is employed or is a student in Pennsylvania.
Information Collected: Aliases, identifying factors such as photo and fingerprints; scars, marks, and tattoos; race, gender, and ethnicity; SSN; date of birth; address and employment; offense history, documentation of treatment received for mental abnormality or personality disorder.
Administrating Agency: Pennsylvania State Police, Pennsylvania Board of Probation & Parole, Local law enforcement.
Timeframe for Registration: Upon release or parole from correctional institution or upon commencement of a sentence of intermediate punishment or probation; within 10 days of changing address; within 10 days of moving to another state: within 10 days of moving into state.
Applies to Out of State Offenders: An out-of-state offender who is required to register as a sexual offender in the offender's home state is automatically required to register as a sexual offender in Pennsylvania if the offender intends to reside, work, or attend school in Pennsylvania. A out-of-state offender who has been designated as a sexually violent predator in the offender's home state is automatically subject to registration and community notification if the offender intends to reside, work, or attend school in Pennsylvania.
Duration of Requirement: Sexually Violent Predators - lifetime. Sexual Offenders - lifetime or 10 years.
Verification of Address: Sexually violent predators - every 90 days; Certain other offenders - annually for 10 years.
Penalties for Non-Compliance: Sexual offenders subject to the ten-year registration period who fail to comply with Megan's Law commit a felony of the third degree, which is punishable by a maximum term of imprisonment of seven years and/or a maximum fine of $15,000. Sexually violent predators and sexual offenders subject to the lifetime registration period who refuse to comply with Megan's Law commit a felony of the first degree, which is punishable by a maximum term of life imprisonment and/or a $25,000 fine. At a minimum, a court must sentence the sexually violent predator or sexual offender subject to lifetime registration who refuses to comply with Megan's Law to a mandatory minimum term of lifetime probation.
Access to Information: Members of the general public may request community notification flyers or information concerning sexually violent predators in a particular community by visiting the chief law enforcement officer in that community. In jurisdictions where the Pennsylvania State Police is the primary law enforcement agency, members of the general public may make such requests at the local Pennsylvania State Police station in that community. Notice of the sexually violent predator's presence is provided to neighbors of the sexually violent predator who live or work within 250 feet of the predator's residence or the 25 most immediate residences and places of employment in proximity to the predator's residence, whichever is greater. Notice is provided to the director of the county children and youth service agency of the county where the predator resides, the superintendent of each school district and the equivalent official for private and parochial schools enrolling students up through grade 12 in the municipality where the predator resides, the superintendent of each school district and the equivalent official for each private and parochial school located within a one-mile radius of where the sexually violent predator resides, the licensee of each certified day care center and licensed preschool program and owner/operator of each registered family day care home in the municipality where the sexually violent predator resides, and the president of each college, university and community college located within 1,000 feet of the predator's residence.
Confidentiality Provision: Yes
Number Registered: 5,500 as of 7/30/02
Percent Compliance: 91.5%
Internet Access: http://www.psp2.state.pa.us/SVP/index.htm

Footnote: In a decision filed October 6, 1998 in the Superior Court of Pennsylvania, the Superior Court found portions of "Megan's Law" to be unconstitutional. The Pennsylvania Legislature unanimously reenacted Megan' s Law and on May 10, 2000, the Governor signed into law Act 18 of 2000. Pursuant to statute, the law became effective July 8, 2000. Under the new statute, only individuals convicted after July 8, 2000 can be designated as sexual predators.

 

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