A statute increasing criminal penalties is unconstitutional if the required factual findings are made by the fact-finder using a standard less than proof beyond a reasonable doubt.
After a defendant was designated a Sexually Violent Predator (SVP) under the Sexual Offender Registration and Notification Act (SORNA), he appealed the designation. The court considered whether the statutory framework for SVP designation violates the state and federal constitutions. Because recent precedent established that SORNA registration requirements are punitive rather than civil, the court determined that any fact increasing the criminal penalty must be found by the chosen fact-finder beyond a reasonable doubt. Because the statute requires the trial court to find the necessary facts by clear and convincing evidence rather than beyond a reasonable doubt, the court held that the SVP designation provision is unconstitutional.
At page 1218 Determining unconstitutionality of SVP designation standard48 citing cases“section 9799.24(e)(3) of sorna violates the federal and state constitutions because it increases the criminal penalty to which a defendant is exposed without the chosen fact-finder making the necessary factual findings beyond a reasonable doubt.”
- Com. v. Thorne, S., No. 774 WDA 2019 (Pa. Super. Ct. Sept. 7, 2022).unpublished (Butler I)
- Com. v. Snyder, C., 251 A.3d 782, 2021 PA Super 63 (Pa. Super. Ct. 2021).published (Butler I)
- Com. v. Leone, P., 244 A.3d 33, 2020 PA Super 292 (Pa. Super. Ct. 2020).published Id. (“The only relevant change with regard to SVPs under Subchapter H is the addition of a provision allowing SVPs, and other lifetime registrants, to petition for removal from the registry after 25 years.”).
- Com. v. Hooks, F., No. 1738 MDA 2017 (Pa. Super. Ct. July 24, 2018).unpublished
- Com. v. Williams, M., No. 2206 EDA 2017 (Pa. Super. Ct. Sept. 27, 2018).unpublished
- Com v. E.R., No. 3391 EDA 2017 (Pa. Super. Ct. Nov. 15, 2018).unpublished
- Com. v. Weiand, F., No. 1380 MDA 2018 (Pa. Super. Ct. May 20, 2019).unpublished
- Com. v. Gadson, C., No. 1036 EDA 2017 (Pa. Super. Ct. Mar. 6, 2018).unpublished
- Com. v. Ritchie, W., No. 2066 EDA 2017 (Pa. Super. Ct. Apr. 17, 2018).unpublished
- Com. v. Madonna, J., Jr., No. 1714 MDA 2017 (Pa. Super. Ct. July 13, 2018).unpublished
Show 37 more citing cases
- Com. v. Lee, D., No. 1526 MDA 2017 (Pa. Super. Ct. July 17, 2018).unpublished
- Com. v. Smith R., No. 3502 EDA 2017 (Pa. Super. Ct. Aug. 23, 2018).unpublished
- Com. v. Morrow, Z., No. 939 WDA 2017 (Pa. Super. Ct. Nov. 5, 2018).unpublished
- Com. v. Leone, P., No. 3307 EDA 2017 (Pa. Super. Ct. Nov. 6, 2018).unpublished
- Com. v. Glasgow, T., No. 618 MDA 2017 (Pa. Super. Ct. Feb. 13, 2018).unpublished
- Com. v. Vazquez, J., No. 340 MDA 2017 (Pa. Super. Ct. Mar. 8, 2018).unpublished
- Com. v. Brooks, C., No. 365 WDA 2015 (Pa. Super. Ct. Mar. 9, 2018).unpublished
- Com. v. Espinosa, R., No. 1433 EDA 2017 (Pa. Super. Ct. May 15, 2018).unpublished
- Com. v. Hart, J., No. 1173 WDA 2016 (Pa. Super. Ct. June 4, 2018).unpublished
- Com. v. Ramer, R., Sr., No. 638 MDA 2018 (Pa. Super. Ct. Nov. 9, 2018).unpublished
- Com. v. Moose, Jr., C., No. 1897 MDA 2014 (Pa. Super. Ct. Jan. 11, 2019).unpublished
- Com. v. Schwartz, M., No. 3575 EDA 2017 (Pa. Super. Ct. Feb. 22, 2019).unpublished
- Com. v. Schneider, G., No. 867 WDA 2018 (Pa. Super. Ct. Mar. 12, 2019).unpublished
- Com. v. Hackenberger, B., No. 120 MDA 2018 (Pa. Super. Ct. Apr. 16, 2019).unpublished
- Com. v. Labryer, L., No. 945 WDA 2017 (Pa. Super. Ct. Apr. 30, 2019).unpublished
- Com. v. Arters, K., No. 3312 EDA 2017 (Pa. Super. Ct. Apr. 30, 2019).unpublished
- Com. v. Coates, W., No. 1895 WDA 2017 (Pa. Super. Ct. June 11, 2019).unpublished
- Com. v. Thomas, T., No. 2640 EDA 2017 (Pa. Super. Ct. June 17, 2019).unpublished
- Com. v. Reisser, C., Jr., No. 1346 MDA 2018 (Pa. Super. Ct. Sept. 10, 2019).unpublished
- Com. v. Lewis, K., 222 A.3d 862 (Pa. Super. Ct. 2019).unpublished
- Com. v. Welsh, D., 224 A.3d 789 (Pa. Super. Ct. 2019).unpublished
- Com. v. Ewing, P., 224 A.3d 798 (Pa. Super. Ct. 2019).unpublished
- Com. v. Young, W., 227 A.3d 392 (Pa. Super. Ct. 2020).unpublished
- Com. v. Martinez-Olacio, D., No. 468 MDA 2019 (Pa. Super. Ct. Apr. 27, 2020).unpublished
- Com. v. Gries, J., No. 1661 EDA 2019 (Pa. Super. Ct. May 19, 2020).unpublished
- Com. v. Smalls, R., No. 3075 EDA 2017 (Pa. Super. Ct. May 20, 2020).unpublished
- Com. v. Getchius, K., No. 71 MDA 2019 (Pa. Super. Ct. June 2, 2020).unpublished
- Com. v. Keyes, J., No. 987 WDA 2019 (Pa. Super. Ct. July 21, 2020).unpublished
- Com. v. Poling, V., No. 502 WDA 2020 (Pa. Super. Ct. Nov. 12, 2020).unpublished
- Com. v. Neely, T., No. 782 MDA 2020 (Pa. Super. Ct. Jan. 4, 2021).unpublished
- Com. v. Hart, W., No. 2394 EDA 2021 (Pa. Super. Ct. Dec. 28, 2022).unpublished
- Com. v. Major, J., No. 1317 WDA 2020 (Pa. Super. Ct. July 14, 2021).unpublished
- Com. v. Cosby Jr., W., 224 A.3d 372, 2019 PA Super 354 (Pa. Super. Ct. 2019).published
- Com. v. Brown, G., 227 A.3d 434 (Pa. Super. Ct. 2020).unpublished
- Com. v. Blevins, M., 229 A.3d 360 (Pa. Super. Ct. 2020).unpublished
- Com. v. Tunsil, B., No. 942 EDA 2019 (Pa. Super. Ct. Feb. 26, 2021).unpublished
- Commonwealth v. Golson, 189 A.3d 994 (Pa. Super. Ct. 2018).published
At page 1217 Determining constitutionality of sexually violent predator designation40 citing casesaddressing SVP status sua sponte as illegal sentence
- In re H.R., No. 221 EDA 2019 (Pa. Super. Ct. July 24, 2020).unpublished (Butler I)
- In the Interest of: W.T.H. Appeal of: W.T.H., 239 A.3d 91 (Pa. Super. Ct. 2020).unpublished (Butler I)
- In the Interest of: A.M.B., Appeal of: A.M.B., 239 A.3d 65 (Pa. Super. Ct. 2020).unpublished (Butler I)
- Com v. Hollingshead, K, No. 720 WDA 2023 (Pa. Super. Ct. Mar. 28, 2024).unpublished In Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017) (“Butler I”), rev’d, 226 A.3d 972 (Pa. 2020) (“Butler II”), this Court applied Muniz and determined that the statutory mechanism for deeming offenders as SVPs was unconstitutional.
- Com. v. Ortiz, J., No. 1691 MDA 2021 (Pa. Super. Ct. Mar. 13, 2023).unpublished See Commonwealth v. Butler, 226 A.3d 972 , 993 (Pa. 2020) (“Butler II”).
- Com. v. Leone, P., 244 A.3d 33, 2020 PA Super 292 (Pa. Super. Ct. 2020).published Id. (“The only relevant change with regard to SVPs under Subchapter H is the addition of a provision allowing SVPs, and other lifetime registrants, to petition for removal from the registry after 25 years.”).
- Com. v. Davis, J., No. 705 WDA 2018 (Pa. Super. Ct. Aug. 15, 2019).unpublished
- Com. v. White, G., No. 1669 EDA 2017 (Pa. Super. Ct. Feb. 6, 2018).unpublished
- Com. v. Palen, R., No. 3619 EDA 2016 (Pa. Super. Ct. Feb. 20, 2018).unpublished
- Com. v. Brown, H., No. 322 EDA 2017 (Pa. Super. Ct. Mar. 2, 2018).unpublished
Show 30 more citing cases
- Com. v. Gadson, C., No. 1036 EDA 2017 (Pa. Super. Ct. Mar. 6, 2018).unpublished
- Com. v. Farrales, K., No. 3868 EDA 2016 (Pa. Super. Ct. Mar. 23, 2018).unpublished
- Com. v. Hall, R., No. 828 MDA 2017 (Pa. Super. Ct. Apr. 5, 2018).unpublished
- Com. v. Ritchie, W., No. 2066 EDA 2017 (Pa. Super. Ct. Apr. 17, 2018).unpublished
- Com. v. Madonna, J., Jr., No. 1714 MDA 2017 (Pa. Super. Ct. July 13, 2018).unpublished
- Com. v. Lee, D., No. 1526 MDA 2017 (Pa. Super. Ct. July 17, 2018).unpublished
- Com. v. Robinson, W., No. 2255 EDA 2017 (Pa. Super. Ct. Aug. 17, 2018).unpublished
- Com. v. Smith R., No. 3502 EDA 2017 (Pa. Super. Ct. Aug. 23, 2018).unpublished
- Com. v. Fulton, L., No. 2649 EDA 2016 (Pa. Super. Ct. Aug. 31, 2018).unpublished
- Com. v. Mead, C., Jr., No. 1995 MDA 2017 (Pa. Super. Ct. Oct. 12, 2018).unpublished
- Com. v. Coates, F., No. 1506 WDA 2017 (Pa. Super. Ct. Oct. 16, 2018).unpublished
- Com. v. Salam, Z., No. 2512 EDA 2017 (Pa. Super. Ct. Oct. 26, 2018).unpublished
- Com. v. Morrow, Z., No. 939 WDA 2017 (Pa. Super. Ct. Nov. 5, 2018).unpublished
- Com. v. Leone, P., No. 3307 EDA 2017 (Pa. Super. Ct. Nov. 6, 2018).unpublished
- Com. v. Jackson, R., No. 617 EDA 2018 (Pa. Super. Ct. Nov. 30, 2018).unpublished
- In re J.C., Appeal of: J.C., No. 1391 WDA 2017 (Pa. Super. Ct. Dec. 10, 2018).published
- Com. v. Hart, W., No. 3643 EDA 2017 (Pa. Super. Ct. Apr. 4, 2019).unpublished
- Com. v. Rollins, R., No. 676 WDA 2018 (Pa. Super. Ct. June 13, 2019).unpublished
- Com. v. Rice, D., No. 1713 MDA 2018 (Pa. Super. Ct. July 5, 2019).unpublished
- Com. v. Fowler, M., No. 4061 EDA 2017 (Pa. Super. Ct. July 16, 2019).unpublished
- Com. v. Gonzalez, J., No. 2124 EDA 2018 (Pa. Super. Ct. Sept. 6, 2019).unpublished
- Com. v. Gadson, C., 222 A.3d 834 (Pa. Super. Ct. 2019).unpublished
- Com. v. Myrick, S., 224 A.3d 760 (Pa. Super. Ct. 2019).unpublished
- Com. v. Gonzales, H., 227 A.3d 437 (Pa. Super. Ct. 2020).unpublished
- In re H.R., a minor, 227 A.3d 316 (Pa. 2020).published
- Com. v. Weimer, P., No. 1461 WDA 2018 (Pa. Super. Ct. Apr. 27, 2020).unpublished
- Com. v. Santiago, O., No. 619 MDA 2019 (Pa. Super. Ct. May 19, 2020).unpublished
- Com. v. King, A., No. 657 EDA 2020 (Pa. Super. Ct. Apr. 9, 2021).unpublished
- Com. v. Schmidt, R., No. 638 WDA 2022 (Pa. Super. Ct. Apr. 20, 2023).unpublished
- Com. v. Velez-Zaragoza, F., No. 2476 EDA 2022 (Pa. Super. Ct. Dec. 19, 2023).unpublished
At page 1215 Implicating legality of sentence under registration obligations34 citing cases“muniz was a sea change in the longstanding law of this commonwealth as it determined that the registration requirements under sorna are not civil in nature but a criminal punishment.”
- R.J. Smolsky v. T.C. Blocker, No. 254 M.D. 2018 (Pa. Commw. Ct. Mar. 7, 2019).unpublished(Muniz was a sea change in the longstanding law of this Commonwealth[,] as it determined that the registration requirements under SORNA are not civil in nature but a criminal punishment.)
- Com. v. Johnson, N., No. 2410 EDA 2018 (Pa. Super. Ct. Apr. 30, 2021).unpublished Specifically, ____________________________________________ 3 “Subchapter H is based on the original SORNA statute and is applicable to offenders, ..., who committed their offenses after the December 20, 2012 effective of SORNA.” Commonweal…
- Com. v. Albert, T., No. 340 WDA 2020 (Pa. Super. Ct. Apr. 16, 2021).unpublished The General Assembly later passed Act 29 of 2018, which replaced Act 10[.] Commonwealth v. Butler, 226 A.3d 972 , 981 n.11 (Pa. 2020) (“Butler II”).
- Com. v. Leone, P., 244 A.3d 33, 2020 PA Super 292 (Pa. Super. Ct. 2020).published Id. (“The only relevant change with regard to SVPs under Subchapter H is the addition of a provision allowing SVPs, and other lifetime registrants, to petition for removal from the registry after 25 years.”).
- Com. v. Davis, J., No. 705 WDA 2018 (Pa. Super. Ct. Aug. 15, 2019).unpublished
- Com. v. Pazuhanich, M., No. 727 MDA 2016 (Pa. Super. Ct. Jan. 16, 2019).unpublished
- Com. v. Bricker, D., No. 849 WDA 2015 (Pa. Super. Ct. Mar. 23, 2018).unpublished
- Com. v. Colbert, T., No. 759 MDA 2017 (Pa. Super. Ct. Apr. 20, 2018).unpublished
- Com. v. Holly, R., No. 383 EDA 2017 (Pa. Super. Ct. June 28, 2018).unpublished
- Com v. E.R., No. 3391 EDA 2017 (Pa. Super. Ct. Nov. 15, 2018).unpublished
Show 24 more citing cases
- D. Lusik v. P.S.P., No. 405 M.D. 2017 (Pa. Commw. Ct. Nov. 26, 2018).unpublished
- Com. v. Fenstermaker, R., No. 263 WDA 2018 (Pa. Super. Ct. Dec. 18, 2018).unpublished
- Commonwealth v. Greco, 203 A.3d 1120 (Pa. Super. Ct. 2019).published
- Com. v. Santana, D., No. 3488 EDA 2017 (Pa. Super. Ct. Feb. 22, 2019).published
- Com. v. Halliday, R., Jr., No. 426 MDA 2018 (Pa. Super. Ct. Apr. 29, 2019).unpublished
- Com. v. Weiand, F., No. 1380 MDA 2018 (Pa. Super. Ct. May 20, 2019).unpublished
- Com. v. Robinson, J., No. 1057 WDA 2018 (Pa. Super. Ct. June 10, 2019).unpublished
- Com. v. Pruitt, F., No. 1064 WDA 2018 (Pa. Super. Ct. June 18, 2019).unpublished
- Com. v. Preik, D., No. 1062 WDA 2018 (Pa. Super. Ct. June 18, 2019).unpublished
- Com. v. Jones, T., No. 1067 WDA 2018 (Pa. Super. Ct. June 18, 2019).unpublished
- Com. v. Bres, S., No. 1060 WDA 2018 (Pa. Super. Ct. June 18, 2019).unpublished
- Com. v. Brant, R., No. 1061 WDA 2018 (Pa. Super. Ct. June 18, 2019).unpublished
- Com. v. Glushko, A., No. 1 EDA 2019 (Pa. Super. Ct. July 26, 2019).unpublished
- Com. v. Gonzalez, M., No. 502 EDA 2018 (Pa. Super. Ct. Aug. 19, 2019).unpublished
- Com. v. Coppolino, R., 224 A.3d 771 (Pa. Super. Ct. 2019).unpublished
- Com. v. Keech, R., 226 A.3d 614 (Pa. Super. Ct. 2020).unpublished
- Com. v. Zabala-Zorilla, H., 241 A.3d 452 (Pa. Super. Ct. 2020).unpublished
- Com. v. Benitez-Rosado, J., No. 849 MDA 2018 (Pa. Super. Ct. Oct. 30, 2020).unpublished
- Com. v. Richie, M., No. 1781 EDA 2017 (Pa. Super. Ct. Apr. 12, 2018).unpublished
- Com. v. Pritts, K., No. 900 WDA 2017 (Pa. Super. Ct. June 18, 2018).unpublished
- Com. v. Madera, E., No. 3598 EDA 2017 (Pa. Super. Ct. Jan. 11, 2019).unpublished
- Com. v. Baynes, D., No. 1437 WDA 2017 (Pa. Super. Ct. Jan. 25, 2019).unpublished
- Com. v. Scott, R., No. 1727 WDA 2017 (Pa. Super. Ct. Feb. 12, 2019).unpublished
- Com. v. Moore, L., No. 510 MDA 2019 (Pa. Super. Ct. May 19, 2020).unpublished
226 A.3d at 976 SVP designation not criminal punishment under Apprendi19 citing casesaddressing 42 Pa.C.S. §§ 9799.15, 9799.16, 9799.26, 9799.27, and 9799.36
- Com. v. Gupton, A., No. 2892 EDA 2022 (Pa. Super. Ct. Sept. 22, 2023).unpublished This Court affirmed the denial of PCRA relief based upon the ineffectiveness claim but vacated sua sponte “his judgment of sentence, to the extent it required SORNA compliance, as well as his designation as an SVP[,]” based upon the interv…
- Com. v. Ortiz, J., No. 1691 MDA 2021 (Pa. Super. Ct. Mar. 13, 2023).unpublished See Commonwealth v. Butler, 226 A.3d 972 , 993 (Pa. 2020) (“Butler II”).
- Com. v. Shambaugh, F., No. 862 MDA 2022 (Pa. Super. Ct. Jan. 25, 2023).unpublished On March 26, 2018, Shambaugh filed a pro se PCRA petition challenging the retroactive application of the Sex Offender Registration and Notification Act (“SORNA”), 42 Pa.C.S.A. §§ 9799.10-9799.75, based on the decisions in -4- Commonwealth…
- Com. v. Wenzler, J., No. 1153 MDA 2021 (Pa. Super. Ct. Sept. 1, 2022).unpublished Next, in Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017) (“Butler I”), the Superior Court held that in view -2- of Muniz, the procedure in Section 9799.24(e)(3) for making SVP determinations was unconstitutional.
- Com. v. Colburn, A., No. 1116 WDA 2020 (Pa. Super. Ct. Dec. 3, 2021).unpublished On September 4, 2019, Appellant filed his Amended PCRA Petition asserting that the application of SORNA’s registration requirements violates his constitutional rights to due process and reputation, and that the SVP designation is unconstit…
- Com. v. Farquharson, D., No. 637 WDA 2020 (Pa. Super. Ct. Sept. 8, 2021).unpublished Commonwealth v. Butler, 226 A.3d 972 , 976 (Pa. 2020) (“Butler II”).
- Com. v. Morgan, R., 2021 PA Super 143.published Relying on Muniz, our Court held in Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017) (“Butler I”), that the registration requirements applicable to SVPS pursuant to SORNA I -4- constituted increased criminal punishment and that the…
- Com. v. Williams, W., II, No. 1909 MDA 2019 (Pa. Super. Ct. Dec. 23, 2020).unpublished Specifically, in Commonwealth v. Butler, 173 A.3d 1212 (Pa.Super. 2017) (“Butler I”), reversed, 226 A.3d 972 (Pa. 2020) (“Butler II”), we held that the provision of SORNA requiring a court to designate a defendant as an SVP by clear and co…
- Com. v. Puterbaugh, M., No. 1388 MDA 2019 (Pa. Super. Ct. Nov. 10, 2020).unpublished Thereafter, on October 31, 2017, a divided, three-judge panel of this Court held in Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017) (“Butler I”), that the statutory mechanism for designating a defendant as an SVP under then Section…
- Com. v. Manzano, L., 237 A.3d 1175, 2020 PA Super 206 (Pa. Super. Ct. 2020).published
Show 8 more citing cases
- Com. v. Hann, D., No. 213 WDA 2019 (Pa. Super. Ct. Nov. 23, 2020).unpublished
- Com. v. Hoffman, T., No. 2425 EDA 2019 (Pa. Super. Ct. Feb. 24, 2021).unpublished
- Com. v. Sullenberger, J., No. 684 MDA 2020 (Pa. Super. Ct. Apr. 9, 2021).unpublished
- Com. v. Hagerty, B., No. 2035 EDA 2020 (Pa. Super. Ct. Aug. 24, 2022).unpublished
- Com. v. Jacobs, M., No. 127 WDA 2022 (Pa. Super. Ct. Sept. 16, 2022).unpublished
- Com. v. Barger, R., 325 A.3d 858, 2024 PA Super 233 (Pa. Super. Ct. 2024).published
- L.D.H. v. Com. of Pa, PSP, No. 43 M.D. 2019 (Pa. Commw. Ct. Sept. 21, 2021).unpublished
- Com. v. Tunsil, B., No. 942 EDA 2019 (Pa. Super. Ct. Feb. 26, 2021).unpublished
At page 1214 Reviewability of sentence legality without trial court preservation18 citing casesButler I
- Com. v. Bodnari, B., No. 780 MDA 2020 (Pa. Super. Ct. Apr. 15, 2021).unpublished (Butler I)
- Com. v. Stull, E., No. 1208 WDA 2017 (Pa. Super. Ct. Mar. 29, 2018).unpublished
- Com. v. Curran, J., No. 2995 EDA 2017 (Pa. Super. Ct. June 27, 2018).unpublished
- Com. v. Bechtel, W., No. 322 EDA 2016 (Pa. Super. Ct. July 19, 2018).unpublished
- Com. v. Hooks, F., No. 1738 MDA 2017 (Pa. Super. Ct. July 24, 2018).unpublished
- Com. v. Jones, R., No. 1636 WDA 2016 (Pa. Super. Ct. July 27, 2018).unpublished
- Com. v. Fernandez, C., No. 1888 EDA 2015 (Pa. Super. Ct. Sept. 5, 2018).published
- Commonwealth v. Williams, 198 A.3d 1181 (Pa. Super. Ct. 2018).published
- Com. v. Williams, M., No. 2206 EDA 2017 (Pa. Super. Ct. Sept. 27, 2018).unpublished
- Com. v. Bryant, H., No. 2867 EDA 2017 (Pa. Super. Ct. Oct. 19, 2018).unpublished
Show 7 more citing cases
- Com. v. Baez, E., No. 681 MDA 2017 (Pa. Super. Ct. Nov. 2, 2018).unpublished
- Com. v. Pazuhanich, M., No. 727 MDA 2016 (Pa. Super. Ct. Jan. 16, 2019).unpublished
- Com. v. Long, E., No. 721 EDA 2018 (Pa. Super. Ct. Apr. 4, 2019).unpublished
- Com. v. Whitehill, D., No. 774 MDA 2018 (Pa. Super. Ct. Apr. 30, 2019).unpublished
- Com. v. Clark, V., No. 343 MDA 2018 (Pa. Super. Ct. June 10, 2019).unpublished
- Com. v. Ivy, G., No. 1178 WDA 2018 (Pa. Super. Ct. July 30, 2019).unpublished
- Com. v. Coleman, T., 226 A.3d 598, 2020 PA Super 4 (Pa. Super. Ct. 2020).published
226 A.3d at 993 Determining if registration requirements constitute criminal punishment16 citing casesexplaining that Alleyne and Apprendi do not apply if registration requirements are non-punitive
- Com. v. Bodnari, B., No. 780 MDA 2020 (Pa. Super. Ct. Apr. 15, 2021).unpublished Bodnari filed a Motion to Quash the SVP determination on the basis that it was unconstitutional under Commonwealth v. Butler, 173 A.3d 1212, 1214-18 (Pa.Super. 2017) (“Butler I”), rev’d by 226 A.3d 972 (Pa. 2020).
- Com. v. Canty, V., No. 702 EDA 2023 (Pa. Super. Ct. Mar. 26, 2024).unpublished Pa.R.A.P. 302(a) (“Issues not raised in the trial court are waived and cannot be raised for the first time on appeal.”); see also Commonwealth v. Gordon, 528 A.2d 631, 638 (Pa. Super. 1987) (“A theory of error different from that presented…
- Com. v. Asbury, S., 299 A.3d 996, 2023 PA Super 123 (Pa. Super. Ct. 2023).published Finally, we note that since J.B., our Supreme Court held in Commonwealth v. Butler, 226 A.3d 972 (Pa. 2020) (“Butler II”), that the registration requirements of Subchapter H applicable to SVPs do not constitute punishment.
- Bodle v. Smith, No. 3:17-cv-02265 (M.D. Pa. Feb. 1, 2021). (Doc. 19, p. 11.) Relying on Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017) (“Butler I”), Bodle 35 argues that his SVP hearing was unconstitutional as it allowed the trial court to increase the length of his registration requireme…
- Com. v. Pinero, O., No. 1770 WDA 2019 (Pa. Super. Ct. Oct. 29, 2020).unpublished See Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017), rev'd, 226 A.3d 972 (Pa. 2020) (“Butler I”).
- Com. v. King, A., No. 657 EDA 2020 (Pa. Super. Ct. Apr. 9, 2021).unpublished
- Com. v. Schmidt, R., No. 638 WDA 2022 (Pa. Super. Ct. Apr. 20, 2023).unpublished
- Com. v. Poling, V., No. 502 WDA 2020 (Pa. Super. Ct. Nov. 12, 2020).unpublished
- Com. v. Neely, T., No. 782 MDA 2020 (Pa. Super. Ct. Jan. 4, 2021).unpublished
- Com. v. Hoffman, T., No. 2425 EDA 2019 (Pa. Super. Ct. Feb. 24, 2021).unpublished
Show 6 more citing cases
- Com. v. Hagerty, B., No. 2035 EDA 2020 (Pa. Super. Ct. Aug. 24, 2022).unpublished
- In re A.C., Appeal of: A.C., 239 A.3d 43 (Pa. Super. Ct. 2020).unpublished
- Commonwealth v. Witmayer, M., No. 64 MAP 2018 (Pa. July 21, 2020).published
- Com. v. Beard, C., No. 3306 EDA 2019 (Pa. Super. Ct. Dec. 30, 2020).unpublished
- Com. v. Hawchar, R., No. 673 WDA 2020 (Pa. Super. Ct. Mar. 18, 2021).unpublished
- Com. v. Zepprinans, D., No. 1815 EDA 2020 (Pa. Super. Ct. Jan. 11, 2022).unpublished
226 A.3d at 992 Due process and narrow tailoring of mental health statutes15 citing cases
- In the Interest of: W.T.H. Appeal of: W.T.H., 239 A.3d 91 (Pa. Super. Ct. 2020).unpublished In addition, as this case presents a question of law, our scope ____________________________________________ 3 Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2017) (holding that the registration requirements of Pennsylvania’s Sex Offender Regis…
- Com v. Hollingshead, K, No. 720 WDA 2023 (Pa. Super. Ct. Mar. 28, 2024).unpublished In Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017) (“Butler I”), rev’d, 226 A.3d 972 (Pa. 2020) (“Butler II”), this Court applied Muniz and determined that the statutory mechanism for deeming offenders as SVPs was unconstitutional.
- Com. v. Morgan, R., 2021 PA Super 143.published Relying on Muniz, our Court held in Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017) (“Butler I”), that the registration requirements applicable to SVPS pursuant to SORNA I -4- constituted increased criminal punishment and that the…
- Com. v. Johnson, N., No. 2410 EDA 2018 (Pa. Super. Ct. Apr. 30, 2021).unpublished Specifically, ____________________________________________ 3 “Subchapter H is based on the original SORNA statute and is applicable to offenders, ..., who committed their offenses after the December 20, 2012 effective of SORNA.” Commonweal…
- Com. v. Elliott, A., 2021 PA Super 58.published Counsel was appointed and filed an amended petition on Appellant’s behalf, raising the following issue: a. [Appellant’s] designation as [an SVP] was ruled unconstitutional and illegal in Commonwealth v. … Butler, [ 173 A.3d 1212 (Pa. Super…
- Com. v. Pagan, C., No. 781 MDA 2020 (Pa. Super. Ct. Dec. 10, 2020).unpublished Herein, Appellant challenges his designation as a Sexually Violent Predator (SVP) under Subchapter H of the Sexual Offender Registration and Notification Act (“SORNA II”), 42 Pa.C.S. §§ 9799.10-9799.42.1 After careful review, we affirm. __…
- Com. v. Ellis, S., No. 406 MDA 2020 (Pa. Super. Ct. Dec. 2, 2020).unpublished After Muniz, a panel of this Court issued Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017) (“Butler I”).
- Com. v. Pinero, O., No. 1770 WDA 2019 (Pa. Super. Ct. Oct. 29, 2020).unpublished See Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017), rev'd, 226 A.3d 972 (Pa. 2020) (“Butler I”).
- Com. v. Manzano, L., 237 A.3d 1175, 2020 PA Super 206 (Pa. Super. Ct. 2020).published
- Com. v. Hann, D., No. 213 WDA 2019 (Pa. Super. Ct. Nov. 23, 2020).unpublished
Show 4 more citing cases
- Com. v. Barger, R., 325 A.3d 858, 2024 PA Super 233 (Pa. Super. Ct. 2024).published
- M.A.S.B. v. R. Evanchick, 252 A.3d 696 (Pa. Commw. Ct. 2021).unpublished
- Com. v. Crawford, R., No. 793 WDA 2022 (Pa. Super. Ct. May 15, 2023).unpublished
- Com. v. Zack, J., 262 A.3d 497, 2021 PA Super 164 (Pa. Super. Ct. 2021).published
q3 “trial courts cannot designate convicted defendants svps (nor may they hold svp hearings) until our general assembly enacts a constitutional designation mechanism.”13 citing cases
- Com. v. Bechtel, W., No. 322 EDA 2016 (Pa. Super. Ct. July 19, 2018).unpublished
- Com. v. Smith R., No. 3502 EDA 2017 (Pa. Super. Ct. Aug. 23, 2018).unpublished
- Com. v. Gadson, C., 222 A.3d 834 (Pa. Super. Ct. 2019).unpublished
- Com. v. Pritts, K., No. 900 WDA 2017 (Pa. Super. Ct. June 18, 2018).unpublished
- Com. v. Madera, E., No. 3598 EDA 2017 (Pa. Super. Ct. Jan. 11, 2019).unpublished
- Com. v. Baynes, D., No. 1437 WDA 2017 (Pa. Super. Ct. Jan. 25, 2019).unpublished
- Com. v. Leon, E., No. 560 EDA 2017 (Pa. Super. Ct. Feb. 6, 2018).unpublished
- Com. v. Bieber, R., No. 1057 MDA 2017 (Pa. Super. Ct. Mar. 8, 2018).unpublished
- Com. v. Keller, T., No. 869 MDA 2017 (Pa. Super. Ct. Mar. 21, 2018).unpublished
- Com. v. Brown, P., No. 2404 EDA 2017 (Pa. Super. Ct. Nov. 1, 2018).unpublished
Show 3 more citing cases
- Commonwealth v. Luciani, 201 A.3d 802 (Pa. Super. Ct. 2018).published
- Com. v. Hortis, J., No. 2846 EDA 2018 (Pa. Super. Ct. June 24, 2019).unpublished
- Com. v. Morazzoni, D., Sr., No. 1614 MDA 2018 (Pa. Super. Ct. Oct. 21, 2020).unpublished
At page 1213 Due process requirements for sexually violent predator designation9 citing casesButler I
- Com. v. Mayewski, T., No. 687 MDA 2019 (Pa. Super. Ct. June 18, 2020).unpublished (Butler I)
- Com. v. Butcher, W., No. 1161 WDA 2018 (Pa. Super. Ct. June 5, 2019).unpublished
- A. Lopuchin v. P.S.P., No. 587 M.D. 2016 (Pa. Commw. Ct. July 16, 2019).unpublished
- Com. v. Shenk, K., No. 73 MDA 2019 (Pa. Super. Ct. Aug. 15, 2019).unpublished
- Com. v. Davis, J., No. 705 WDA 2018 (Pa. Super. Ct. Aug. 15, 2019).unpublished
- Com. v. Brozik, S., 222 A.3d 811 (Pa. Super. Ct. 2019).unpublished
- Com. v. Huapaya, J., Jr., No. 1488 MDA 2018 (Pa. Super. Ct. May 29, 2020).unpublished
- Com. v. Domena, P., No. 1857 EDA 2019 (Pa. Super. Ct. July 1, 2020).unpublished
- Com. v. Groner, T., 233 A.3d 807, 2020 PA Super 124 (Pa. Super. Ct. 2020).published
226 A.3d at 987 Determining if statute is punitive for registration requirements6 citing casesnoting that Apprendi is only implicated if a statute is punitive
- Com. v. Williams, W., II, No. 1909 MDA 2019 (Pa. Super. Ct. Dec. 23, 2020).unpublished Specifically, in Commonwealth v. Butler, 173 A.3d 1212 (Pa.Super. 2017) (“Butler I”), reversed, 226 A.3d 972 (Pa. 2020) (“Butler II”), we held that the provision of SORNA requiring a court to designate a defendant as an SVP by clear and co…
- Com. v. Puterbaugh, M., No. 1388 MDA 2019 (Pa. Super. Ct. Nov. 10, 2020).unpublished Thereafter, on October 31, 2017, a divided, three-judge panel of this Court held in Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017) (“Butler I”), that the statutory mechanism for designating a defendant as an SVP under then Section…
- Com. v. Manzano, L., 237 A.3d 1175, 2020 PA Super 206 (Pa. Super. Ct. 2020).published
- Com. v. Jacobs, M., No. 127 WDA 2022 (Pa. Super. Ct. Sept. 16, 2022).unpublished
- Com. v. Herndon, T., No. 588 WDA 2021 (Pa. Super. Ct. July 25, 2022).unpublished
226 A.3d at 988 Determining registration requirements for statutory sexual assault convictions3 citing cases
- In the Interest of: W.T.H. Appeal of: W.T.H., 239 A.3d 91 (Pa. Super. Ct. 2020).unpublished In addition, as this case presents a question of law, our scope ____________________________________________ 3 Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2017) (holding that the registration requirements of Pennsylvania’s Sex Offender Regis…
- Com. v. Manzano, L., 237 A.3d 1175, 2020 PA Super 206 (Pa. Super. Ct. 2020).published
Other citing cases
- Com. v. Guo, J, No. 643 WDA 2023 (Pa. Super. Ct. June 27, 2024).unpublished
- Com. v. Isbell, B., No. 1218 WDA 2023 (Pa. Super. Ct. May 20, 2024).unpublished
- Com. v. McHirella, D., No. 649 WDA 2023 (Pa. Super. Ct. Apr. 15, 2024).unpublished
- Com. v. Macfarlane, J., No. 272 WDA 2023 (Pa. Super. Ct. Dec. 28, 2023).unpublished
- Com. v. Thompson, C., No. 2691 EDA 2022 (Pa. Super. Ct. Nov. 7, 2023).unpublished
- Com. v. Villanueva-Pabon, A., 304 A.3d 1210, 2023 PA Super 222 (Pa. Super. Ct. 2023).published
- Com. v. Smith, A., No. 2883 EDA 2022 (Pa. Super. Ct. July 26, 2023).unpublished
- Com. v. Harris, G., No. 1069 EDA 2022 (Pa. Super. Ct. Mar. 27, 2023).unpublished
- Com. v. Frederick, D., No. 539 WDA 2022 (Pa. Super. Ct. Feb. 27, 2023).unpublished
- Com. v. Reel, L., No. 1529 WDA 2021 (Pa. Super. Ct. Jan. 11, 2023).unpublished
Show 11 more citing cases
- Com. v. Lellock, R., No. 657 WDA 2021 (Pa. Super. Ct. Nov. 14, 2022).unpublished
- Com. v. Show, A., No. 982 MDA 2021 (Pa. Super. Ct. Apr. 21, 2022).unpublished
- Com. v. Hubert, J., No. 178 EDA 2021 (Pa. Super. Ct. Mar. 4, 2022).unpublished
- Com. v. Smith, III, L., No. 765 MDA 2021 (Pa. Super. Ct. Mar. 1, 2022).unpublished
- Com. v. Ispache, E., No. 1009 EDA 2021 (Pa. Super. Ct. Dec. 15, 2021).unpublished
- Com. v. King, D., No. 314 WDA 2021 (Pa. Super. Ct. Oct. 5, 2021).unpublished
- Com. v. Thompson, C., No. 991 WDA 2020 (Pa. Super. Ct. Oct. 1, 2021).unpublished
- Com. v. Ehrhart, J., Jr., No. 383 MDA 2021 (Pa. Super. Ct. Sept. 24, 2021).unpublished
- Com. v. Thompson, C., No. 991 WDA 2020 (Pa. Super. Ct. June 28, 2021).unpublished
- Com. v. Snide, A., No. 2102 MDA 2018 (Pa. Super. Ct. Dec. 31, 2020).unpublished
- Com. v. Smith, J., No. 2456 EDA 2019 (Pa. Super. Ct. Dec. 31, 2020).unpublished
v.
Joseph Dean BUTLER, Appellant
OPINION BY
OLSON, J.:Appellant, Joseph Dean Butler, appeals from the judgment of sentence entered on August 4, 2016, as made final by the denial of his post-sentence motion on August 10, 2016. In this case, we are constrained by our Supreme Court’s recent decision in Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2017), to hold that 42 Pa.C.S.A. § 9799.24(e)(3), a portion of the Sexual Offender Registration and Notification Act’s (“SORNA’s”) framework for designating a convicted defendant a Sexually Violent Predator (“SVP”), violates the federal and state constitutions. As such, we are compelled to reverse the trial court’s July 26, 2016 order finding that Appellant is an SVP and we remand for the sole purpose of having the trial court issue the appropriate notice under 42 Pa.C.S.A. § 9799.23 as to Appellant’s registration requirements.
The factual background and procedural history of this case are as follows. Between October 2013 and June 2014, Appellant, then 21 years old, had sexual intercourse with a 15-year-old female approximately 50 times. On September-23, 2014, the Commonwealth charged Appellant via criminal information with statutory sexual assault, [1] manufacturing child pornography, [2] criminal use of a communication facility, [3] and corruption of minors. [4] On July 27, 2016, Appellant pled guilty to statutory sexual assault and corruption of minors. Pursuant to SORNA, the trial court ordered the Sexual Offender Assessment Board (“SOAB”) to evaluate whether Appellant met the criteria for designation as an SVP and deferred sentencing until that evaluation was completed. [5]
On July 25, 2016, after receiving evidence from both the Commonwealth and Appellant, the trial court entered an order finding that the Commonwealth proved by clear and convincing evidence that Appellant was an SVP and designated him as such. On August 4, 2016, the trial court sentenced Appellant to an aggregate term of 12 to 30 months’ imprisonment followed by 90 months’ probation. As the trial court designated Appellant an SVP, it issued notice pursuant to section 9799.23 of SOR-NA that he is required to register with the Pennsylvania State Police for life. See 42 Pa.C.S.A § 9799.15(a)(6). [6] Thereafter, Appellant filed a post-sentence motion which the trial court denied on August 10, 2016. This timely appeal followed. [7]
Appellant presents two issues for our ■review:
1. Whether the Commonwealth presented sufficient evidence to prove [by] clear and convincing evidence ,,, that [A]ppellant is [an SVP?]
2. Whether the [SVP] designation as provided under [SORNA] is uncon- ■ stitutional and violates Appellant’s fundamental right to protect his reputation as secured by Pennsylvania Constitution Article I[,] Section 1?
Appellant’s Brief at 1 (complete capitalization and quotation marks' omitted).
Prior to addressing the issues presented by Appellant, we sua sponte address the impact of our Supreme Court’s decision in Muniz on the legality of Appellant’s judgment of sentence with particular focus on the process 'by which Appellant was designated an SVP. Generally, issues not raised before the trial court are waived for appellate purposes, Pa.R.A,P. 302(a). Similarly, this Court generally may not reverse, modify, or vacate an order or judgment of sentence ‘ for a reason not raised by the parties. See Johnson v. Lansdale Borough, 146 A.3d 696, 709 (Pa. 2016) (citations omitted). Notwithstanding these general rules, “[a] challenge to the legality of a particular sentence may be reviewed by any court on direct appeal; it need not be preserved in the lower courts to- be renewable and may even be raised by an appellate court sua sponte,” Commonwealth v. Batts, 163 A.3d 410, 434 (Pa. 2017) (citation omitted). Therefore, if Muniz rendered Appellant’s judgment of sentence illegal, we may raise that issue sua sponte.
We are unaware of any Pennsylvania case law directly addressing whether the framework for designating a convicted defendant an SVP, which in this case increased Appellant’s minimum registration requirement, implicates the legality of his or her sentence. Therefore, we proceed with an analysis under general principles regarding the legality'of sentences.
Our Supreme Court defined what constitutes an illegal sentencing'claim in Commonwealth v. Barnes, 151 A.3d 121 (Pa. 2016). In that case, a majority of our Supreme Court adopted the definition proposed by the opinion announcing the judgment of the court in Commonwealth v. Foster, 609 Pa. 502, 17 A.3d 332 (2011). See Barnes, 151 A.3d at 127. Specifically, our Supreme Court held that “legality of sentence issues occur generally either: (1) when a trial court’s traditional authority to use discretion in the act of sentencing is somehow affected and/or (2) when the sentence imposed is patently inconsistent with the sentencing parameters set forth by the General Assembly.” Foster, 17 A.3d at 342 (Baer, J., opinion announcing the judgment of the court). Applying that definition, in Barnes, our Supreme Court held that “where the mandatory minimum sentencing authority on which the sentencing court relied is rendered [unconstitutional], and no separate mandatory authority supported the sentence, any sentence entered under such purported authority is an illegal sentence for issue preservation purposes on direct appeal.” Barnes, 151 A.3d at 127.
As we detail below, Appellant's designation as an SVP exposed him to an increased minimum registration requirement, Until Muniz, registration requirements were deemed to be civil- in nature and not punitive. Muniz, 164 A.3d at 1203 [8] (“the [Commonwealth v. Williams, 574 Pa. 487, 832 A.2d 962 (2003)] Court established the registration,, notification, and counseling requirements imposed under Megan’s Law II [, a predecessor to SORNA,] were not punitive”).. Muniz was a sea change in the longstanding law of this Commonwealth as it determined -that the registration requirements under- SORNA are not civil in nature but a criminal punishment. Id. at 1218 (Dougherty, .J., OAJC) (“SORNA involves affirmative disabilities or restraints, its sanctions have been historically regarded as punishment, including deterrence and retribution, and its registration requirements are excessive in relation to its stated nonpunitive purpose”). Hence, SORNA registration requirements are now deemed to be punitive and part of the criminal punishment imposed upon a convicted defendant. Accordingly, the general principles regarding illegal sentences are applicable to the casé before us, and when applied, we find that the inquiry above implicates the legality of Appellant’s sentence and we may raise ’ it sua sponte.
We review the legality of a sentence de novo and our scope of review is plenary. Commonwealth v. Brown, 159 A.3d 531, 532 (Pa. Super. 2017) (citation omitted). Moreover, “[o]ur Supreme Court has instructed that we must presume that statutes are constitutional and [in order to declare a statute unconstitutional] it [must] clearly, plainly, and palpably violate[ ] the constitution.” Commonwealth v. Felder, 75 A.3d 513, 516 (Pa. Super. 2013), appeal denied, 624 Pa. 671, 85 A.3d 482 (2014) (citation omitted).
To understand the issue presented in this case, it is necessary to review the relevant portions of SORNA that address SVPs. Under SORNA, an individual convicted of a sexually violent offense, such as sexually corrupting minors in this case, must be evaluated by the SOAB. 42 Pa. C.S.A. § 9799.24(a). The SOAB conducts a 15-factor analysis to determine if the individual should be designated an SVP. 42 Pa.C.S.A. § 9799.24(b). The SOAB then submits a report to the prosecuting authority. 42 Pa.C.S.A. § 9799.24(d). Upon praecipe by the prosecuting authority, the trial court schedules an SVP hearing. 42 Pa.C.S.A, § 9799.24(e)(1). At the conclusion of that hearing, “the court [determines] whether the Commonwealth has proved by clear and convincing evidence that the individual is. a[n SVP].” 42 Pa. C.S.A.. § 9799.24(e)(3). It is this last step in the process, section 9799.24(e)(3), that is at issue in this case.
As relevant to the'issue presented in this case, an SVP faces mandatory lifetime registration under SORNA. 42 Pa.C.S.A § 9799.15(a)(6). In this case, if Appellant were not designated an SVP, he would be required to register for only 15 years. See 42 Pa.C.S.A §§ 9799.14(b)(8), 9799.15(a)(1) (individuals convicted of sexually corrupting minors, a Tier I sexual offense under SORNA, must register for 15 years). [9] , [10] In other words, the SVP designation increased Appellant’s registration exposure from 15 years to life.
Having set forth the SVP statutory framework included as part of SORNA, we turn to our Supreme Court’s recent decision in Muniz. In Muniz, our Supreme Court considered whether applying SOR-NA’s registration requirements to an individual “convicted of sex offenses prior to SORNA’s effective date but sentenced af-terwards” violates the federal and/or state ex post facto clauses. Muniz, 164 A.3d at 1193. Our Supreme Court’s resolution of this issue “depended] on a determination of whether SORNA’s retroactive application [] constitutes punishment.” Muniz, 164 A.3d at 1208 (Dougherty, J., OAJC) (citations omitted). If SORNA’s increased registration requirements constitute punishment under the federal and/or state constitution, then retroactive application of SORNA’s registration requirements violates the federal and/or state constitution. See id. On the other hand, if, as federal courts have held, id. at 1219 (citations omitted), SORNA’s registration requirements do not constitute punishment, then retroactive application of SORNA’s registration requirements does not violate the federal and/or state constitution.
In determining whether the registration requirements of SORNA constitute punishment, our Supreme Court analyzed and weighed the factors set forth in Kennedy v. Mendoza-Martinez, 372 U.S. 144, 83 S.Ct. 554, 9 L.Ed.2d 644 (1963). Our Supreme Court
determined four of the five factors to which [it gave] weight — all except for whether there is an alternative purpose to which the statute may be rationally connected — weighted] in favor of finding SORNA to be punitive in effect despite its expressed civil remedial purpose. [It] concludefd] SORNA involves affirmative disabilities or restraints, its sanctions have been historically regarded as punishment, its operation promotes the traditional aims of punishment, including deterrence and retribution, and its registration requirements are excessive in relation to its stated nonpunitive purpose.
Muniz, 164 A.3d at 1218 (Dougherty, J., OAJC). Thus, according to our Supreme Court, the registration requirements of SORNA constitute punishment for purposes of the federal and state constitutions. Id.; id. at 1233 (Wecht, J., concurring) (“SORNA is punitive”).
We next turn to the implications of our Supreme Court’s holding in Muniz.
In Apprendi [v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) ], the Supreme Court of the United States held that other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt. Stated another way, it is unconstitutional for a legislature to remove from the jury the assessment of facts that increase the prescribed range of penalties to which a criminal defendant is exposed. It is equally clear that such facts must be established by proof beyond a reasonable doubt.
Subsequently in Alleyne v. United States, 570 U.S. 99, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), the [Supreme Court of the United States] held that any fact that increases the mandatory minimum sentence for a crime is an element that must be submitted to the jury and found beyond a reasonable doubt. The Alleyne majority reasoned that while Harris v. United States, 536 U.S. 545, 122 S.Ct. 2406, 153 L.Ed.2d 524 (2002), limited Apprendi to facts increasing the statutory maximum, the principle applied in Apprendi applies with equal force to facts increasing the mandatory minimum. This is because it is impossible to dissociate the floor of a sentencing range from the penalty affixed to the crime, and it is impossible to dispute that facts increasing the legally prescribed floor aggravate the punishment. Thus, this reality demonstrates that the core crime and the fact triggering the mandatory minimum sentence together constitute a new, aggravated crime, each element of which must be submitted to the jury.
Commonwealth v. Conaway, 105 A.3d 755, 761 (Pa. Super. 2014), appeal denied, 632 Pa. 679, 118 A.3d 1107 (2015) (internal alterations, ellipses, quotation marks, and citations omitted).
Apprendi and Alleyne apply to all types of punishment, not just imprisonment. See S. Union Co. v. United States, 567 U.S. 343, 346-360, 132 S.Ct. 2344, 183 L.Ed.2d 318 (2012). Thus, as our Supreme Court has stated, if registration requirements are punishment, then the facts leading to registration requirements need to be found by the fact-finder chosen by the defendant, be it a judge or a jury, beyond a reasonable doubt. See Commonwealth v. Lee, 594 Pa. 266, 935 A.2d 865, 880 (2007). In Lee, our Supreme Court considered whether Megan’s Law II’s requirement that SVPs register for life violated Ap-prendi. Our Supreme Court stated that defendants only succeeded on their claim
if [our Supreme Court] acceptfs] the premise, which [it had] all but categorically rejected in [its] prior cases, that the registration, notification, and counseling provisions of Megan’s Law II [were] punitive' in the constitutional sense, thus requiring observance of all the due process protections that attend criminal prosecution, especially those identified by the [Supreme Court of the United States’] decision in Apprendi.
We recognize that our Supreme Court did not consider the ramifications of its decision in Muniz with respect to individuals designated as SVPs for crimes committed after SORNA’s effective date. Nonetheless, our Supreme Court’s holding that registration requirements under SOR-NA constitute a form of criminal punishment is dispositive of the issue presented in this case. In other words, since our Supreme Court has held that SORNA registration requirements are punitive or a criminal penalty to which individuals are exposed, then under Apprendi and Al-leyne, a factual finding, such as whether a defendant has a “mental abnormality or personality disorder that makes [him or her] likely to engage in predatory sexually violent offensesf,]” 42 Pa.C.S.A. § 9799.12, that increases the length of registration must be found beyond a reasonable doubt by the chosen fact-finder. Section 9799.24(e)(3) identifies the trial court as the finder of fact in all instances and specifies clear and convincing evidence as the burden of proof required to designate a convicted defendant as an SVP. Such a statutory scheme in the criminal context cannot withstand constitutional scrutiny. Accordingly, we are constrained to hold that section 9799.24(e)(3) is unconstitutional and Appellant’s judgment of sentence, to the extent it required him to register as an SVP for life, was illegal.
As the sole statutory mechanism for SVP designation is constitutionally flawed, there is no longer a legitimate path forward for undertaking adjudications pursuant to section 9799.24. As such, trial courts may no longer designate convicted defendants as SVPs, nor may they hold SVP hearings, until our General Assembly enacts a constitutional designation mechanism. [12] Cf. Commonwealth v. Hopkins, 632 Pa. 36, 117 A.3d 247, 258-262 (2015) (finding that trial courts cannot impose mandatory minimum sentences until the General Assembly enacts-a statute which provides a constitutional mechanism to determine if the defendant is subject to the mandatory minimum sentence). Instead, trial courts must notify a defendant that he or she is required to register for 15 years if he or she is convicted of a Tier I sexual offense, 25 years if he or she is convicted of a Tier II sexual offense, or life if he or she is convicted of a Tier III sexual offense. [13]
In sum, we are constrained to hold that section 9799.24(e)(3) of SORNA violates the federal and state constitutions because it increases the criminal penalty to which a defendant is exposed without the chosen fact-finder making the necessary factual findings beyond a reasonable doubt. Moreover, we .are constrained to hold trial courts cannot designate convicted defendants SVPs (nor may they hold SVP hearings) until our General Assembly enacts a constitutional designation mechanism. Instead, trial courts must notify a defendant that he or she is required to register for 15 years if he or she is convicted of a Tier I sexual offense, 25 years if he or she is convicted of a Tier II sexual offense, or life if he or' she is convicted of a Tier III sexual offense. We, therefore, vacate the trial court’s order of July 26, 2016 which found Appellant to be an SVP and, we remand this case to the trial court for the sole purpose of issuing the appropriate notice under 42 Pa.C.S.A, § 9799.23 as to Appellant’s registration obligation for a period of Í5 years. As we reverse the trial court’s SVP order, we need not address the issues he raises on appeal, which contest his SVP designation on other grounds.
Order reversed. Judgment of sentence affirmed in all other respects. Case remanded. Jurisdiction relinquished.
Bender, P.J.E. joins this opinion.
Stabile, J. notes dissent.
. 18 Pa.C.S.A. § 3122.1(a)(1).
. 18 Pa.C.S.A. § 6312(b);
. 18 Pa.C.S.A. § 7512(a).
. 18 Pa.C.S.A. § 6301(a)(1)(H).
. Pursuant to section 9799.24(a) of SORNA, "[a]fter conviction but before sentencing, a court shall order an individual convicted of a sexually violent offense to be assessed by the [SOAB].” 42 Pa.C.S.A. § 9799.24(a) (emphasis added). Appellant’s conviction for corruption of minors, a sexually violent offense as defined by SORNA, required the trial court to order an SVP evaluation of Appellant.
.Section 9799.15(a)(6) of SORNA provides that an SVP ‘‘shall register for the life of the individual." 42 Pa.C.S.A. § 9799.15(a)(6).
. Appellant and the trial court complied with Pennsylvania Rule of Appellate Procedure 1925.
. For clarity, when citing to the portions of the Muniz opinion which garnered a majority, we do not use a parenthetical; however, when citing to the portions of the Muniz decision which failed to garner a majority, we use the parenthetical (Dougherty, J., OAJC).
. Under SORNA, sexual offenses are classified in a three-tiered system composed of Tier I sexual offenses, Tier II sexual offenses, and Tier III sexual offenses. 42 Pa.C.S.A. § 9799.14. Generally, a person convicted of a Tier I sexual offense must register for a period of 15 years. 42 Pa.C.S.A. § 9799.15(a)(1). A person convicted of a Tier II sexual offense must register for 25 years and a conviction of a Tier III sexual offense carries a mandatory lifetime registration requirement. 42 Pa. C.S.A. § 99799.15(a)(2) and (3). Under SOR-NA, trial courts have no discretion when imposing registration requirements. Instead, an adult convicted of a sexually violent offense must register for 15 years, 25 years, or the remainder of his or her life. See generally 42 Pa.C.S.A. § 9799.15. As such, these registration requirements are the functional equivalent of both a mandatory minimum and maximum sentence.
. An individual is not required to register following a conviction for statutory sexual assault under 18 Pa.C.S.A. § 3122.1(a)(1), which encompasses crimes where the victim was four to eight years younger than the defendant. In this- case, the victim was six years younger than Appellant. Thus, Appellant’s conviction for statutory sexual assault does not require Appellant to register under SORNA.
. In Muniz, our Supreme Court recognized that its holding was a major departure from its prior jurisprudence. Our Supreme Court explained this departure by stating that "SORNA is broader in application than previous Megan’s Law statutes[.]” Muniz, 164 A.3d at 1209 (Dougherty, J., OAJC).
. Allowing a jury or the trial court (in a waiver trial) to make an SVP determination during the guilt phase of a trial runs counter to the plain language of section 9799.24(e)(3) of SORNA and raises a myriad of other constitutional concerns, Because of these problems, and because Muniz now deems SORNA a punitive statute and no longer a collateral civil consequence oía sex offense conviction, we are constrained to hold that the adjudicative provisions found in section 9799.24(e)(3) are no longer constitutional and not severable from the remainder of the SVP designation framework.
. We note that "[t]wo or more convictions of offenses listed as Tier I or Tier II sexual offenses” qualify as a Tier III conviction. 42 Pa.C.S.A. § 9799,14(d)(16).