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26 Pennsylvania opinions name it 5 courts 2002–2016 0 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Krousegreen2 sentences2010A sexually violent predator is defined as a "person who has been convicted of a sexually violent offense as set forth in section 9795.1 (relating to registration) and who is determined to be a sexually violent predator under section 9795.4 (relating to assessments) due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses." Commonwealth v. Krouse, 799 A.2d 835, 838 (Pa.Super.2002) ( en banc ), appeal denied, 573 Pa. 671 , 821 A.2d 586 (2003) (quoting 42 Pa.C.S.A. § 9792) (emphasis omitted), disapproved *861 on other ground 2010A sexually violent predator is defined as a “person who has been convicted of a sexually violent offense as set forth in section 9795.1 (relating to registration) and who is determined to be a sexually violent predator under section 9795.4 (relating to assessments) due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.” Commonwealth v. Krouse, 799 A.2d 835, 838 (Pa.Super.2002) (en banc), appeal denied, 573 Pa. 671 , 821 A.2d 586 (2003) (quoting 42 Pa.C.S.A. § 9792) (emphasis omitted), disapproved on other grounds, Comm | 4 | 6 |
Commonwealth v. Dixongreen2 sentences2016When a person is convicted of one or more offenses set forth in section 9795.1, the trial court must order an SVP assessment by the Pennsylvania Sexual Offenders Assessment Board (SOAB), which is comprised, of “psychiatrists, psychologists and criminal justice experts, each of whom is an expert in the field of the behavior and treatment of sexual offenders.” 42 Pa.C.S.A. § 9795.4; see also generally Commonwealth v. Dixon, 907 A.2d 533, 535 (Pa. Super. 2006), appeal denied, 920 A.2d 830 (Pa. 2007). 2015When a person is convicted of one or more offenses set forth in section 9795.1, the trial court must order that an SVP assessment be performed by the Pennsylvania Sexual Offenders Assessment Board (SOAB), which is comprised, of “psychiatrists, psychologists and criminal justice experts, each of whom is an expert in the field of the behavior and treatment of sexual offenders.” 42 Pa.C.S.A. § 9795.4; see - 13 - J-A21024-15 also Commonwealth v. Dixon, 907 A.2d 533, 535 (Pa. Super. 2006), appeal denied, 920 A.2d 830 (Pa. 2007). | 3 | 3 |
Commonwealth v. Moodygreen2 sentences2007In reviewing the sufficiency of the evidence regarding a S VP determination, an appellate court will reverse the trial court’s determination “only if the Commonwealth has not presented clear and convincing evidence sufficient to enable the trial court to determine that each element required by the statute has been satisfied.” Commonwealth v. Moody, 843 A.2d 402, 408 (Pa. Super. 2004). 2006“Furthermore, a fact-finder is free to believe all, part or none of the evidence presented.” Commonwealth v. Moody, 843 A.2d 402, 408 (Pa.Super.2004) (citation omitted). ¶ 26 An SVP is defined in pertinent part as follows: A person who has been convicted of a sexually violent offense as set forth in section 9795.1 (relating to registration) and who is determined to be a sexually violent predator under section 9795.4 (relating to assessments) due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. 42 Pa.C.S. § 9792. | 3 | 3 |
Com. v. Dixongreen2 sentences2016When a person is convicted of one or more offenses set forth in section 9795.1, the trial court must order an SVP assessment by the Pennsylvania Sexual Offenders Assessment Board (SOAB), which is comprised, of “psychiatrists, psychologists and criminal justice experts, each of whom is an expert in the field of the behavior and treatment of sexual offenders.” 42 Pa.C.S.A. § 9795.4; see also generally Commonwealth v. Dixon, 907 A.2d 533, 535 (Pa. Super. 2006), appeal denied, 920 A.2d 830 (Pa. 2007). 2015When a person is convicted of one or more offenses set forth in section 9795.1, the trial court must order that an SVP assessment be performed by the Pennsylvania Sexual Offenders Assessment Board (SOAB), which is comprised, of “psychiatrists, psychologists and criminal justice experts, each of whom is an expert in the field of the behavior and treatment of sexual offenders.” 42 Pa.C.S.A. § 9795.4; see - 13 - J-A21024-15 also Commonwealth v. Dixon, 907 A.2d 533, 535 (Pa. Super. 2006), appeal denied, 920 A.2d 830 (Pa. 2007). | 2 | 2 |
Commonwealth v. Denglergreen2 sentences2006Commonwealth v. Dengler, 843 A.2d 1241, 1246 (Pa.Super.2004) (internal citations and quotation marks omitted). ¶ 22 The term “sexually violent predator” is defined, in relevant part, as: A person who has been convicted of a sexually violent offense as set forth in section 9795.1 (relating to registration) and who is determined to be a sexually violent predator under section 9795.4 (relating to assessments) due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. 42 Pa.C.S.A. § 9792, Definitions. ¶23 There is no dispute t 2006Commonwealth v. Dengler, 843 A.2d 1241, 1246 (Pa.Super.2004), affirmed, 586 Pa. 54 , 890 A.2d 372 (2005) (internal citations and quotation marks omitted). ¶ 12 42 Pa.C.S.A. § 9792 defines “sexually violent predator” as: A person who has been convicted of a sexually violent offense as set forth in section 9795.1 (relating to registration) 9 and who is determined to be a sexually violent predator under section 9795.4 (relating to assessments) due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. 10 ¶ 13 Section 9792 def | 2 | 2 |
Commonwealth v. Maldonadogreen2 sentences2006“The clear and convincing standard requires evidence that is ‘so clear, direct, weighty, and convincing as to enable the [trier of fact] to come to a clear conviction, without hesitancy, of the truth of the precise facts [in] issue.’ ” Commonwealth v. Maldonado, 576 Pa. 101, 109 , 838 A.2d 710, 715 (2003) (citation omitted). ¶ 12 A sexually violent predator is defined as “a person who has been convicted of a sexually violent offense as set forth in § 9795.1 and who is determined to be a sexually violent predator under § 9795.4 due to a mental abnormality or personality disorder that makes the 2006“The clear and convincing standard requires evidence that is ‘so clear, direct, weighty, and convincing as to enable the [trier of fact] to come to a clear conviction, without hesitancy, of the truth of the precise facts [in] issue.’ ” Commonwealth v. Maldonado, 576 Pa. 101, 109 , 838 A.2d 710, 715 (2003) (citation omitted). ¶ 12 A sexually violent predator is defined as “a person who has been convicted of a sexually violent offense as set forth in § 9795.1 and who is determined to be a sexually violent predator under § 9795.4 due to a mental abnormality or personality disorder that makes the | 1 | 2 |
Commonwealth v. Williamsgreen2 sentences2005The Pennsylvania Supreme Court invalidated Megan’s Law I in Commonwealth v. Williams, 557 Pa. 285 , 733 A.2d 593 (1999) (Williams I). .42 Pa.C.S. §9798(a)(iv) states: “(1) The notice shall contain: “(iv) A statement that he has been determined by court order to be a sexually violent predator, which determination has or has not been terminated as of a date certain.” . 2005The Pennsylvania Supreme Court invalidated Megan’s Law I in Commonwealth v. Williams, 557 Pa. 285 , 733 A.2d 593 (1999) (Williams I). .42 Pa.C.S. §9798(a)(iv) states: “(1) The notice shall contain: “(iv) A statement that he has been determined by court order to be a sexually violent predator, which determination has or has not been terminated as of a date certain.” . | 1 | 2 |
Commonwealth v. Geitergreen1 sentence2016"Pennsylvania's version of Megan's Law defines an SVP as 'a person who has been convicted of a sexually violent offense as set forth in section 9795.1 (relating to registration) and who is determined to be a sexually violent predator under section 9795.4 (relating to assessments) due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses." Commonwealth v. Geiier, 929 A.2d 648, 649-650 (Pa.Super. 2007)(citing 42 Pa. ·Cons.Stat.Ann.§ 9792). | 1 | 1 |
Commonwealth v. Martzgreen1 sentence2015Under Megan’s Law, an SVP is defined as “a person who has been convicted of a sexually violent offense […] and who is determined to be a sexually violent predator under section 9795.4 […] due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.” Commonwealth v. Martz, 926 A.2d 514, 522 (Pa. Super. 2007), appeal denied, 940 A.2d 363 (Pa. 2008); see also 42 Pa.C.S.A. § 9792. | 1 | 1 |
Commonwealth v. Haughwoutgreen2 sentences2010Commonwealth v. Haughwout, 837 A.2d 480, 484 (Pa.Super.2003). ¶ 3 An SVP is defined as a “person who has been convicted of a sexually violent offense as set forth in [42 Pa.C.S.] section 9795.1 (relating to registration) and who is determined to be a sexually violent predator under section 9795.4 (relating to assessments) due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.” Id. 2 This definition requires that testimony adduced at the SVP hearing satisfy three distinct elements. 2010Commonwealth v. Haughwout, 837 A.2d 480, 484 (Pa.Super.2003). ¶ 3 An SVP is defined as a “person who has been convicted of a sexually violent offense as set forth in [42 Pa.C.S.] section 9795.1 (relating to registration) and who is determined to be a sexually violent predator under section 9795.4 (relating to assessments) due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.” Id. 2 This definition requires that testimony adduced at the SVP hearing satisfy three distinct elements. | 1 | 1 |
Commonwealth v. Hitnergreen1 sentence2010A sexually violent predator is defined as “a person who has been convicted of a sexually violent offense as set forth in section 9795.1 and who is determined to be a sexually violent predator under section 9795.4 due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.” 42 Pa.C.S. §9792. 11 Section 9792 goes on to define “mental abnormality” as “a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of crimi | 1 | 1 |
Commonwealth v. Beygreen1 sentence2006Megan’s Law II defines a “sexually violent predator” as: “A person who has been convicted of a sexually violent offense as set forth in section 9795.1 (relating to registra tion) and who is determined to be a sexually violent predator under section 9795.4 (relating to assessments) due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.’’’ 41 Pa.C.S. §9792; Commonwealth v. Bey, 841 A.2d 562, 563 (Pa. Super. 2004). (emphasis in original) In reviewing the sufficiency of the evidence regarding the determination of sexually | 1 | 1 |
Commonwealth v. Plucinskigreen1 sentence2006“The clear and convincing standard requires evidence that is ‘so clear, direct, weighty and convincing as to enable [the trier of fact] to come to a clear conviction, without hesitancy, of the truth of the precise facts [in] issue.’ ” Commonwealth v. Plucinski, 868 A.2d 20, 25 (Pa.Super.2005) (quoting Commonwealth v. Maldonado, 576 Pa. 101 , 888 A.2d 710, 715 (2003)). ¶ 13 To deem an individual an SVP, the Commonwealth must show the two factors set forth in the definition of sexually violent predator, that he was: (1) convicted of a sexually violent offense as set forth in Section 9795.1; and | 1 | 1 |
Commonwealth v. Cousingreen1 sentence2006“The clear and convincing standard requires evidence that is ‘so clear, direct, weighty and convincing as to enable [the trier of fact] to come to a clear conviction, without hesitancy, of the truth of the precise facts [in] issue.’ ” Commonwealth v. Plucinski, 868 A.2d 20, 25 (Pa.Super.2005) (quoting Commonwealth v. Maldonado, 576 Pa. 101 , 888 A.2d 710, 715 (2003)). ¶ 13 To deem an individual an SVP, the Commonwealth must show the two factors set forth in the definition of sexually violent predator, that he was: (1) convicted of a sexually violent offense as set forth in Section 9795.1; and | 1 | 1 |
Commonwealth v. Evansgreen1 sentence2006“The clear and convincing standard requires evidence that is ‘so clear, direct, weighty, and convincing as to enable the [trier of fact] to come to a clear conviction, without hesitancy, of the truth of the precise facts [in] issue.’ ” Commonwealth v. Evans, 901 A.2d 528, 534 (Pa.Super.2006) (citations omitted; bracketed information in original; emphasis added). ¶28 A sexually violent predator is defined as “a person who has been convicted of a sexually violent offense as set forth in § 9795.1 and who is determined to be a sexually violent predator under § 9795.4 due to a mental abnormality or | 1 | 1 |
Rohm & Haas Co. v. Continental Casualty Co.green2 sentences2005Co., 566 Pa. 464, 476 , 781 A.2d 1172, 1179 (2001)). ¶ 13 Under Megan’s Law II, a SVP is defined as “a person who has been convicted of a sexually violent offense... and who is determined to be a sexually violent predator under section 9795.4... due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.” 42 Pa.C.S.A. § 9792. 2005Co., 566 Pa. 464, 476 , 781 A.2d 1172, 1179 (2001)). ¶ 13 Under Megan’s Law II, a SVP is defined as “a person who has been convicted of a sexually violent offense... and who is determined to be a sexually violent predator under section 9795.4... due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.” 42 Pa.C.S.A. § 9792. | 1 | 1 |
Commonwealth v. Mayfieldgreen2 sentences2004Commonwealth v. Mayfield, 574 Pa. 460 , 832 A.2d 418, 422 (2003) (citations and quotation marks omitted). ¶ 18 Section 9792, 42 Pa.C.S.A. defines sexually violent predator as follows: “Sexually violent predator.” A person who has been convicted of a sexually violent offense as set forth in section 9795.1 (relating to registration) and who is determined to be a sexually violent predator under section 9795.4 (relating to assessments) due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. 2004Commonwealth v. Mayfield, 574 Pa. 460 , 832 A.2d 418, 422 (2003) (citations and quotation marks omitted). ¶ 18 Section 9792, 42 Pa.C.S.A. defines sexually violent predator as follows: “Sexually violent predator.” A person who has been convicted of a sexually violent offense as set forth in section 9795.1 (relating to registration) and who is determined to be a sexually violent predator under section 9795.4 (relating to assessments) due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Com. v. Martz
green
2 sentences2016Under Megan’s Law, an SVP is defined as “a person who has been convicted of a sexually violent offense […] and who is determined to be a sexually violent predator under section 9795.4 […] due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.” Commonwealth v. Martz, 926 ____________________________________________ 3 Appellant and the trial court have complied with Pennsylvania Rule of Appellate Procedure 1925. -6- J-S01018- 16 A.2d 514 , 522 (Pa. Super. 2007), appeal denied, 940 A.2d 363 (Pa. 2008); see also generally 2015Under Megan’s Law, an SVP is defined as “a person who has been convicted of a sexually violent offense […] and who is determined to be a sexually violent predator under section 9795.4 […] due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.” Commonwealth v. Martz, 926 A.2d 514, 522 (Pa. Super. 2007), appeal denied, 940 A.2d 363 (Pa. 2008); see also 42 Pa.C.S.A. § 9792. | 2 | 2015–2016 |
Commonwealth v. Brooks
green
2 sentences2015Brooks, supra, 7 A.3d at 863 , citing Commonwealth v. Freucht, 95 A.2d 377 , 381 (Pa. Super. 2008). -9- J-S07037-15 “Predatory.” An act directed at a stranger or at a person with whom a relationship has been initiated, established, maintained or promoted, in whole or in part, in order to facilitate or support victimization. 42 Pa.C.S. § 9792.8 At the October 31, 2011, SVP hearing, Mr. Herbert Hays, a member of the Pennsylvania Sexual Offender Treatment Board, who both counsel stipulated to be an expert in the area of sexual offender assessment, treatment and management, testified regarding the 2015Brooks, supra, 7 A.3d at 863 , citing Commonwealth v. Freucht, 95 A.2d 377 , 381 (Pa. Super. 2008). -9- J-S07037-15 “Predatory.” An act directed at a stranger or at a person with whom a relationship has been initiated, established, maintained or promoted, in whole or in part, in order to facilitate or support victimization. 42 Pa.C.S. § 9792.8 At the October 31, 2011, SVP hearing, Mr. Herbert Hays, a member of the Pennsylvania Sexual Offender Treatment Board, who both counsel stipulated to be an expert in the area of sexual offender assessment, treatment and management, testified regarding the | 1 | 2015–2015 |
Commonwealth v. Meals
green
2 sentences2010A sexually violent predator is defined as a “person who has been convicted of a sexually violent offense as set forth in section 9795.1 (relating to registration) and who is determined to be a sexually violent predator under section 9795.4 (relating to assessments) due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.” Commonwealth v. Krouse, 799 A.2d 835, 838 (Pa.Super.2002) (en banc), appeal denied, 573 Pa. 671 , 821 A.2d 586 (2003) (quoting 42 Pa.C.S.A. § 9792) (emphasis omitted), disapproved on other grounds, Comm 2010A sexually violent predator is defined as a “person who has been convicted of a sexually violent offense as set forth in section 9795.1 (relating to registration) and who is determined to be a sexually violent predator under section 9795.4 (relating to assessments) due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.” Commonwealth v. Krouse, 799 A.2d 835, 838 (Pa.Super.2002) (en banc), appeal denied, 573 Pa. 671 , 821 A.2d 586 (2003) (quoting 42 Pa.C.S.A. § 9792) (emphasis omitted), disapproved on other grounds, Comm | 1 | 2010–2010 |
Commonwealth v. Sanford
green
1 sentence2007Id. ¶ 17 Megan’s Law II defines an SVP as a person who has been convicted of a sexually violent offense as set forth in § 9795.1 and who is determined to be a sexually violent predator under § 9795.4 due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. | 1 | 2007–2007 |
Commonwealth of Pennsylvania v. Dengler
green
2 sentences2006Commonwealth v. Dengler, 843 A.2d 1241, 1246 (Pa.Super.2004), affirmed, 586 Pa. 54 , 890 A.2d 372 (2005) (internal citations and quotation marks omitted). ¶ 12 42 Pa.C.S.A. § 9792 defines “sexually violent predator” as: A person who has been convicted of a sexually violent offense as set forth in section 9795.1 (relating to registration) 9 and who is determined to be a sexually violent predator under section 9795.4 (relating to assessments) due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. 10 ¶ 13 Section 9792 def 2006Commonwealth v. Dengler, 843 A.2d 1241, 1246 (Pa.Super.2004), affirmed, 586 Pa. 54 , 890 A.2d 372 (2005) (internal citations and quotation marks omitted). ¶ 12 42 Pa.C.S.A. § 9792 defines “sexually violent predator” as: A person who has been convicted of a sexually violent offense as set forth in section 9795.1 (relating to registration) 9 and who is determined to be a sexually violent predator under section 9795.4 (relating to assessments) due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. 10 ¶ 13 Section 9792 def | 1 | 2006–2006 |
Commonwealth v. Williams
green
2 sentences2003Accordingly, the trial court was required to order the State Sexual Offenders Assessment Board (the “Board”) to evaluate whether Maldonado was a sexually violent predator pursuant to Section 9795.4(a) of the Act. 2 The procedure prescribed by Megan’s Law for determining whether an individual is a sexually violent predator is described in Williams II, 574 Pa. at 495 & n. 6, 832 A.2d at 966 & n. 6. 2003Accordingly, the trial court was required to order the State Sexual Offenders Assessment Board (the “Board”) to evaluate whether Maldonado was a sexually violent predator pursuant to Section 9795.4(a) of the Act. 2 The procedure prescribed by Megan’s Law for determining whether an individual is a sexually violent predator is described in Williams II, 574 Pa. at 495 & n. 6, 832 A.2d at 966 & n. 6. | 1 | 2003–2003 |
Commonwealth v. Halye
green
2 sentences2002See Commonwealth v. Williams, 557 Pa. 285 , 733 A.2d 593 (1999); Commonwealth v. Halye, 719 A.2d 763 (Pa.Super.1998). 2002See Commonwealth v. Williams, 557 Pa. 285 , 733 A.2d 593 (1999); Commonwealth v. Halye, 719 A.2d 763 (Pa.Super.1998). | 1 | 2002–2002 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.