§ 9799.11. Legislative findings, declaration of policy and scope.
(a) Legislative findings.--The General Assembly finds as follows:
(1) In 1995 the General Assembly enacted the act of October 24, 1995 (1st Sp.Sess. P.L.1079,
No.24), commonly referred to as Megan's Law. Through this enactment, the General Assembly
intended to comply with legislation enacted by Congress requiring that states provide
for the registration of sexual offenders. The Federal statute, the Jacob Wetterling
Crimes Against Children and Sexually Violent Offender Registration Act (Public Law
103-322, 42 U.S.C. 14071 et seq.), has been superseded by the Adam Walsh Child Protection
and Safety Act of 2006 (Public Law 109-248, 120 Stat. 587).
(2) This Commonwealth's laws regarding registration of sexual offenders need to be strengthened.
The Adam Walsh Child Protection and Safety Act of 2006 provides a mechanism for the
Commonwealth to increase its regulation of sexual offenders in a manner which is nonpunitive
but offers an increased measure of protection to the citizens of this Commonwealth.
(3) If the public is provided adequate notice and information about sexual offenders,
the community can develop constructive plans to prepare for the presence of sexual
offenders in the community. This allows communities to meet with law enforcement to
prepare and obtain information about the rights and responsibilities of the community
and to provide education and counseling to residents, particularly children.
(4) Sexual offenders pose a high risk of committing additional sexual offenses and protection
of the public from this type of offender is a paramount governmental interest.
(5) Sexual offenders have a reduced expectation of privacy because of the public's interest
in public safety and in the effective operation of government.
(6) Release of information about sexual offenders to public agencies and the general public
will further the governmental interests of public safety and public scrutiny of the
criminal and mental health systems so long as the information released is rationally
related to the furtherance of those goals.
(7) Knowledge of whether a person is a sexual offender could be a significant factor in
protecting oneself and one's family members, or those in care of a group or community
organization, from recidivist acts by such offenders.
(8) The technology afforded by the Internet and other modern electronic communication
methods makes this information readily accessible to parents, minors and private entities,
enabling them to undertake appropriate remedial precautions to prevent or avoid placing
potential victims at risk.
(b) Declaration of policy.--The General Assembly declares as follows:
(1) It is the intention of the General Assembly to substantially comply with the Adam
Walsh Child Protection and Safety Act of 2006 and to further protect the safety and
general welfare of the citizens of this Commonwealth by providing for increased regulation
of sexual offenders, specifically as that regulation relates to registration of sexual
offenders and community notification about sexual offenders.
(2) It is the policy of the Commonwealth to require the exchange of relevant information
about sexual offenders among public agencies and officials and to authorize the release
of necessary and relevant information about sexual offenders to members of the general
public as a means of assuring public protection and shall not be construed as punitive.
(3) It is the intention of the General Assembly to address the Pennsylvania Supreme Court's
decision in Commonwealth v. Neiman, No.74 MAP 2011 (Pa. 2013), by amending this subchapter
in the act of March 14, 2014 (P.L.41, No.19).
(4) It is the intention of the General Assembly to address the Pennsylvania Supreme Court's
decision in Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2017) and the Pennsylvania Superior
Court's decision in Commonwealth v. Butler (2017 WL 4914155).
(c) Scope.--This subchapter shall apply to individuals who committed a sexually violent offense
on or after December 20, 2012, for which the individual was convicted.
(Dec. 20, 2011, P.L.446, No.111, eff. one year; Mar. 14, 2014, P.L.41, No.19, eff.
imd.; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff.
imd.)
2021 Unconstitutionality. Section 9799.11 was declared unconstitutional as applied by the Pennsylvania Supreme
Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021).
2019 Unconstitutionality. Section 9799.11 was declared unconstitutional as applied by the Pennsylvania Superior
Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).
2018 Amendments. Act 10 amended the section heading and added subsecs. (b)(4) and (c) and Act 29 reenacted
the section heading and subsecs. (b)(4) and (c). Section 20(1) of Act 10 provided
that the amendment of section 9799.11 shall apply to an individual who commits an
offense on or after December 20, 2012.
2014 Amendment. Act 19 amended subsec. (b).
2011 Amendment. Act 111 added section 9799.11.
References in Text. The citation, Commonwealth v. Butler, (2017 WL 4914155), referred to in subsec. (b)(4),
was incorrectly cited as Commonwealth v. Butler (2017 WL 3882445) in Acts 10 and 29
of 2018. The parallel citation is Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super.
2017).
Notes of Decisions
J. Taylor v. The PSP of the Commonwealth of PA (2016)
pacommwct · cites it 9×
“11(b)(1) of SORNA, 42 Pa. C.S. § 9799.11. To this end, SORNA established, for the first time, a three tier classification system for sexual offenders.”
Com. v. Faison, W. (2023)
pasuperct · cites it 4×
“See 42 Pa.C.S. §§ 9799.11(c) (Subchapter H applies to individuals who committed sexually violent offense on or after December 20, 2012); 9799.”
In the Interest of J.B. (2014)
pa · cites it 3×
“” 42 Pa.C.S. § 9799.11(a)(4). The Juveniles argue that children subject to registration requirements suffer various irreparable harms, including difficulty obtaining housing, employment, and schooling, and suffer resulting psychological effects which can lead to depression and…”
Commonwealth, Aplt. v. Farabaugh, R. (2015)
pa · cites it 7×
“19, § 1 (codified at 42 Pa.C.S. § 9799.11(b)(3)) (“It is the intention of the General Assembly to address the Pennsylvania Supreme Court’s decision in Commonwealth v.”
Coppolino v. Noonan (2014)
pacommwct · cites it 3×
“” 42 Pa.C.S. § 9799.11(a)(4). The General Assembly determined that “[r]elease of information about sexual offenders to public agencies and the general public will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems so…”
Gregory v. Pa. State Police (2018)
pacommwct · cites it 2×
“In Count III, he alleges that SORNA's notification and registration requirements and related procedures are unconstitutional as applied to him under the Ex Post Facto clause of the U.”
Piasecki v. Court of Common Pleas, Bucks Cnty., PA (2019)
ca3
“To the extent that we have cautioned against imposition of overly broad restrictions on internet and computer use, see supra note 73, we have done so merely to call attention to the ease with which such restrictions can sweep further than intended or warranted and to note the…”
In the Interest of T.H., Minor Child (2018)
iowa
“at 14 (quoting 42 Pa. Cons. Stat. § 9799.11 (a)(4) ). Notably, the court reasoned juvenile sex offenders did not have a meaningful opportunity to challenge the presumption because the delinquency hearing did not consider whether the individual offender was at risk of reoffending.”
In re State (2018)
nj
“at 14 (quoting 42 Pa. Cons. Stat. § 9799.11 (a)(4) ). The court explained that an irrebuttable presumption doctrine should not apply when a "presumption is not universally true and a reasonable alternative means currently exists for determining which juvenile offenders are…”
Commonwealth v. Martin (2019)
pasuperct
“Is [Appellant's] sentence of fifteen (15) years of punishment pursuant to SORNA a violation of both the Sixth and Fourteenth Amendments to the United States Constitution as the penalty imposed was increased beyond the prescribed statutory maximum based upon the General…”
Com. v. Hromek, R., Jr. (2020)
pasuperct
“ril 15, 2019, Appellant filed the instant “Petition for Enforcement of Plea Agreement” in which he challenged his lifetime registration ____________________________________________ divided into two distinct subchapters – Subchapter H, which applies to “individuals who committed…”
— 42 Pa. Cons. Stat. § 9799.11(4) — 3 cases
— 42 Pa. Cons. Stat. § 9799.11(B)(4) — 1 case
— 42 Pa. Cons. Stat. § 9799.11(a) — 11 cases
— 42 Pa. Cons. Stat. § 9799.11(a)(1) — 5 cases
— 42 Pa. Cons. Stat. § 9799.11(a)(2) — 5 cases
— 42 Pa. Cons. Stat. § 9799.11(a)(3) — 2 cases
— 42 Pa. Cons. Stat. § 9799.11(a)(4) — 40 cases
In the Interest of J.B. (2014)
pa
“” 42 Pa.C.S. § 9799.11(a)(4). The Juveniles argue that children subject to registration requirements suffer various irreparable harms, including difficulty obtaining housing, employment, and schooling, and suffer resulting psychological effects which can lead to depression and…”
Commonwealth v. Martin (2019)
pasuperct
“Is [Appellant's] sentence of fifteen (15) years of punishment pursuant to SORNA a violation of both the Sixth and Fourteenth Amendments to the United States Constitution as the penalty imposed was increased beyond the prescribed statutory maximum based upon the General…”
Coppolino v. Noonan (2014)
pacommwct
“” 42 Pa.C.S. § 9799.11(a)(4). The General Assembly determined that “[r]elease of information about sexual offenders to public agencies and the general public will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems so…”
— 42 Pa. Cons. Stat. § 9799.11(a)(5) — 1 case
— 42 Pa. Cons. Stat. § 9799.11(a)(6) — 2 cases
Coppolino v. Noonan (2014)
pacommwct
“” 42 Pa.C.S. § 9799.11(a)(4). The General Assembly determined that “[r]elease of information about sexual offenders to public agencies and the general public will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems so…”
— 42 Pa. Cons. Stat. § 9799.11(a)(7) — 3 cases
— 42 Pa. Cons. Stat. § 9799.11(b) — 5 cases
— 42 Pa. Cons. Stat. § 9799.11(b)(1) — 8 cases
Coppolino v. Noonan (2014)
pacommwct
“” 42 Pa.C.S. § 9799.11(a)(4). The General Assembly determined that “[r]elease of information about sexual offenders to public agencies and the general public will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems so…”
— 42 Pa. Cons. Stat. § 9799.11(b)(2) — 12 cases
Gregory v. Pa. State Police (2018)
pacommwct
“In Count III, he alleges that SORNA's notification and registration requirements and related procedures are unconstitutional as applied to him under the Ex Post Facto clause of the U.”
— 42 Pa. Cons. Stat. § 9799.11(b)(3) — 5 cases
Commonwealth, Aplt. v. Farabaugh, R. (2015)
pa
“19, § 1 (codified at 42 Pa.C.S. § 9799.11(b)(3)) (“It is the intention of the General Assembly to address the Pennsylvania Supreme Court’s decision in Commonwealth v.”
— 42 Pa. Cons. Stat. § 9799.11(b)(4) — 6 cases
Gregory v. Pa. State Police (2018)
pacommwct
“In Count III, he alleges that SORNA's notification and registration requirements and related procedures are unconstitutional as applied to him under the Ex Post Facto clause of the U.”
— 42 Pa. Cons. Stat. § 9799.11(c) — 53 cases
Com. v. Faison, W. (2023)
pasuperct
“See 42 Pa.C.S. §§ 9799.11(c) (Subchapter H applies to individuals who committed sexually violent offense on or after December 20, 2012); 9799.”
Com. v. Hromek, R., Jr. (2020)
pasuperct
“ril 15, 2019, Appellant filed the instant “Petition for Enforcement of Plea Agreement” in which he challenged his lifetime registration ____________________________________________ divided into two distinct subchapters – Subchapter H, which applies to “individuals who committed…”
— 42 Pa. Cons. Stat. § 9799.11(d) — 1 case
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