Pa. Cons. Stat. » 42 Pa. Cons. Stat. (JUDICIARY) / Chapter 97

42 Pa. Cons. Stat. § 9798

 Other notification (Expired).

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§ 9798.  Other notification (Expired).

 

2012 Expiration.  Section 9798 expired December 20, 2012. See Act 111 of 2011.

2013 Unconstitutionality.  Act 152 of 2004 was declared unconstitutional. Commonwealth v. Neiman, 84 A.3d 603 (Pa. 2013). The unconstitutionality took effect March 17, 2014.

Notes of Decisions
Cited in 23 cases, 1997–2019 · leading case: Commonwealth v. Williams
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Commonwealth v. Williams (2003) pa · cites it 7× “” 9 See 42 Pa.C.S. § 9798(a). The sexually violent predator’s name and address, including any subsequent change of address, is also sent to the victim of the offense, until the victim requests that such notification be terminated.”
Doe v. Pennsylvania Bd. of Probation and Parole (2008) ca3 · cites it 6× “42 Pa. Cons.Stat. Ann. § 9798(e). Under Megan's Law II, these fliers are only published for in-state individuals who are deemed to be "sexually violent predators.”
Commonwealth v. Kopicz (2003) pasuperct · cites it 4× “The data sent to these recipients includes the offender's name, address, offense, and photograph (if available), as well as the fact that he has been determined to be a sexually violent predator, "which determination has or has not been terminated as of a date certain.”
Commonwealth v. Lee (2007) pa · cites it 2× “Specifically, Megan's Law III provides that SVP may petition for release from the sanction detailed at 42 Pa.C.S. § 9798 (providing for written notification by the chief law enforcement officer of a municipality in which an SVP takes up residence to, inter alia, the SVP’s…”
Nieves v. Pennsylvania Board of Probation & Parole (2010) pacommwct · cites it 4× “42 Pa.C.S. § 9798. 4 . Section 9792 of Megan’s Law defines "sexually violent predator” as a person convicted of certain sexually violent offenses who is determined to be a sexually violent predator due to a mental abnormality or personality disorder making the person likely to…”
Commonwealth v. Haughwout (2003) pasuperct · cites it 2× “See 42 Pa. C.S. § 9798(a). The sexually violent predator’s name and address, including any subsequent change of address, is also sent to the victim of the offense, until the victim requests that such notification be terminated.”
Commonwealth v. Wilson (2006) pa · cites it 4× “The data sent to those recipients include the offender's name, address, offense, and photographic information (if available), as well as notice of the fact that he has been determined by a court to be an SVP (if such determination was made for that offender), "which…”
Com.. v. Moore, L. (2019) pasuperct “42 Pa.C.S. § 9798(b) (effective Jan. 24, 2005 to Feb.”
Doe v. McVey (2005) paed · cites it 3× “42 Pa. Cons.Stat. § 9798(a). The flier does not, however, include the label “Sexually Violent Predator.”
Department of the Auditor General v. Pennsylvania State Police (2004) pacommwct · cites it 2× “Section 9798(d) of Megan's Law, 42 Pa.C.S. § 9798(d). Although Megan's Law authorizes dissemination of the name and address of a SVP to the public, the statute does not authorize the release of such information about a sexual offender, i.”
Fross v. County of Allegheny (2011) pa “Local law enforcement is responsible for notifying the public regarding the presence of a sexually violent predator in a community, as provided in 42 Pa.C.S. § 9798. 2 The release from custody of a Megan’s Law registrant is conducted pursuant to the provisions of the…”
Fross v. County of Allegheny (2009) pawd · cites it 2× “42 Pa. Cons.Stat. § 9798(b)(3), (4). Similarly, schools located within one mile of the predator’s residence, and colleges located with 1,000 feet of the predator’s residence must also be given written notice.”
Show all 23 citing cases →
— 42 Pa. Cons. Stat. § 9798(1) — 1 case
Commonwealth v. Werner (1997) pactcompllehigh
— 42 Pa. Cons. Stat. § 9798(a) — 8 cases
Commonwealth v. Williams (2003) pa “” 9 See 42 Pa.C.S. § 9798(a). The sexually violent predator’s name and address, including any subsequent change of address, is also sent to the victim of the offense, until the victim requests that such notification be terminated.”
Doe v. Pennsylvania Bd. of Probation and Parole (2008) ca3 “42 Pa. Cons.Stat. Ann. § 9798(e). Under Megan's Law II, these fliers are only published for in-state individuals who are deemed to be "sexually violent predators.”
Commonwealth v. Kopicz (2003) pasuperct “The data sent to these recipients includes the offender's name, address, offense, and photograph (if available), as well as the fact that he has been determined to be a sexually violent predator, "which determination has or has not been terminated as of a date certain.”
Commonwealth v. Haughwout (2003) pasuperct “See 42 Pa. C.S. § 9798(a). The sexually violent predator’s name and address, including any subsequent change of address, is also sent to the victim of the offense, until the victim requests that such notification be terminated.”
Commonwealth v. Wilson (2006) pa “The data sent to those recipients include the offender's name, address, offense, and photographic information (if available), as well as notice of the fact that he has been determined by a court to be an SVP (if such determination was made for that offender), "which…”
— 42 Pa. Cons. Stat. § 9798(a)(iv) — 1 case
Commonwealth v. Mullins (2005) pactcomplbucks
— 42 Pa. Cons. Stat. § 9798(a)(l)(iv) — 1 case
Commonwealth v. Lee (2007) pa “Specifically, Megan's Law III provides that SVP may petition for release from the sanction detailed at 42 Pa.C.S. § 9798 (providing for written notification by the chief law enforcement officer of a municipality in which an SVP takes up residence to, inter alia, the SVP’s…”
— 42 Pa. Cons. Stat. § 9798(b) — 12 cases
Commonwealth v. Williams (2003) pa “” 9 See 42 Pa.C.S. § 9798(a). The sexually violent predator’s name and address, including any subsequent change of address, is also sent to the victim of the offense, until the victim requests that such notification be terminated.”
Commonwealth v. Kopicz (2003) pasuperct “The data sent to these recipients includes the offender's name, address, offense, and photograph (if available), as well as the fact that he has been determined to be a sexually violent predator, "which determination has or has not been terminated as of a date certain.”
Com.. v. Moore, L. (2019) pasuperct “42 Pa.C.S. § 9798(b) (effective Jan. 24, 2005 to Feb.”
Commonwealth v. Haughwout (2003) pasuperct “See 42 Pa. C.S. § 9798(a). The sexually violent predator’s name and address, including any subsequent change of address, is also sent to the victim of the offense, until the victim requests that such notification be terminated.”
Commonwealth v. Wilson (2006) pa “The data sent to those recipients include the offender's name, address, offense, and photographic information (if available), as well as notice of the fact that he has been determined by a court to be an SVP (if such determination was made for that offender), "which…”
— 42 Pa. Cons. Stat. § 9798(b)(3) — 1 case
Fross v. County of Allegheny (2009) pawd “42 Pa. Cons.Stat. § 9798(b)(3), (4). Similarly, schools located within one mile of the predator’s residence, and colleges located with 1,000 feet of the predator’s residence must also be given written notice.”
— 42 Pa. Cons. Stat. § 9798(b)(l)(2)(3) — 1 case
Commonwealth v. Williams (2001) pactcomplerie
— 42 Pa. Cons. Stat. § 9798(d) — 7 cases
Commonwealth v. Williams (2003) pa “” 9 See 42 Pa.C.S. § 9798(a). The sexually violent predator’s name and address, including any subsequent change of address, is also sent to the victim of the offense, until the victim requests that such notification be terminated.”
Doe v. Pennsylvania Bd. of Probation and Parole (2008) ca3 “42 Pa. Cons.Stat. Ann. § 9798(e). Under Megan's Law II, these fliers are only published for in-state individuals who are deemed to be "sexually violent predators.”
Department of the Auditor General v. Pennsylvania State Police (2004) pacommwct “Section 9798(d) of Megan's Law, 42 Pa.C.S. § 9798(d). Although Megan's Law authorizes dissemination of the name and address of a SVP to the public, the statute does not authorize the release of such information about a sexual offender, i.”
Doe v. McVey (2005) paed “42 Pa. Cons.Stat. § 9798(a). The flier does not, however, include the label “Sexually Violent Predator.”
Commonwealth v. Breyer (2001) pactcomplmontgo
— 42 Pa. Cons. Stat. § 9798(e) — 2 cases
Doe v. Pennsylvania Bd. of Probation and Parole (2008) ca3 “42 Pa. Cons.Stat. Ann. § 9798(e). Under Megan's Law II, these fliers are only published for in-state individuals who are deemed to be "sexually violent predators.”
Doe v. PA Bd Probation (2008) ca3
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