§ 9799.28. Public Internet website.
(a) Information to be made available through Internet.--The Pennsylvania State Police shall, in the manner and form directed by the Governor:
(1) Develop and maintain a system for making information about individuals convicted of
a sexually violent offense, sexually violent predators and sexually violent delinquent
children publicly available by electronic means via an Internet website. In order
to fulfill its duties under this section, the Pennsylvania State Police shall ensure
that the Internet website:
(i) Contains a feature to permit a member of the public to obtain relevant information
for an individual convicted of a sexually violent offense, a sexually violent predator
or a sexually violent delinquent child by a query of the Internet website based on
search criteria including searches for any given zip code or geographic radius set
by the user.
(ii) Contains a feature to allow a member of the public to receive electronic notification
when an individual convicted of a sexually violent offense, sexually violent predator
or sexually violent delinquent child provides information under section 9799.15(g)(2),
(3) or (4) (relating to period of registration). This feature shall also allow a member
of the public to receive electronic notification when the individual convicted of
a sexually violent offense, sexually violent predator or sexually violent delinquent
child moves into or out of a geographic area chosen by the user.
(iii) Includes in its design all field search capabilities needed for full participation
in the Dru Sjodin National Sex Offender Public Internet Website. The Pennsylvania
State Police shall ensure that the website is able to participate in the Dru Sjodin
National Sex Offender Public Internet Website as the United States Attorney General
may direct.
(iv) Is updated within three business days with the information required.
(2) Include on the Internet website the following:
(i) Instructions on how to seek correction of information that an individual contends
is erroneous.
(ii) A warning that the information on the Internet website should not be used to unlawfully
injure, harass or commit a crime against an individual convicted of a sexually violent
offense, a sexually violent predator or a sexually violent delinquent child and that
any such action could result in criminal or civil penalties.
(3) Include on the Internet website an explanation of its limitations, including statements
advising that:
(i) A positive identification of an individual convicted of a sexually violent offense,
sexually violent predator or sexually violent delinquent child may be confirmed only
by fingerprints.
(ii) Some information contained on the Internet website may be outdated or inaccurate.
(iii) The Internet website is not a comprehensive listing of every person who has ever committed
a sexual offense in Pennsylvania.
(4) Strive to ensure that the information contained on the Internet website is accurate
and that the data therein is revised and updated as provided in paragraph (1)(iv).
(5) Provide on the Internet website general information designed to inform and educate
the public about sexual offenders and the operation of this subchapter as well as
pertinent and appropriate information concerning crime prevention and personal safety,
with appropriate links to other relevant Internet websites operated by the Commonwealth.
(b) Required information.--Notwithstanding Chapter 63 (relating to juvenile matters) and 18 Pa.C.S. Ch. 91 (relating
to criminal history record information), the Internet website shall contain the following
information regarding an individual convicted of a sexually violent offense, a sexually
violent predator or a sexually violent delinquent child:
(1) Name and aliases.
(2) Year of birth.
(3) Street address, municipality, county, State and zip code of residences and intended
residences. In the case of an individual convicted of a sexually violent offense,
a sexually violent predator or a sexually violent delinquent child who fails to establish
a residence and is therefore a transient, the Internet website shall contain information
about the transient's temporary habitat or other temporary place of abode or dwelling,
including, but not limited to, a homeless shelter or park. In addition, the Internet
website shall contain a list of places the transient eats, frequents and engages in
leisure activities.
(4) Street address, municipality, county, State and zip code of any location at which
an individual convicted of a sexually violent offense, a sexually violent predator
or a sexually violent delinquent child is enrolled as a student.
(5) Street address, municipality, county, State and zip code of a fixed location where
an individual convicted of a sexually violent offense, a sexually violent predator
or a sexually violent delinquent child is employed. If an individual convicted of
a sexually violent offense, a sexually violent predator or a sexually violent delinquent
child is not employed at a fixed address, the information shall include general areas
of work.
(6) Current facial photograph of an individual convicted of a sexually violent offense,
a sexually violent predator or a sexually violent delinquent child. This paragraph
requires, if available, the last eight facial photographs taken of the individual
and the date each photograph was entered into the registry.
(7) Physical description of an individual convicted of a sexually violent offense, a sexually
violent predator or a sexually violent delinquent child.
(8) License plate number and a description of a vehicle owned or operated by an individual
convicted of a sexually violent offense, a sexually violent predator or a sexually
violent delinquent child.
(9) Offense for which an individual convicted of a sexually violent offense, a sexually
violent predator or a sexually violent delinquent child is registered under this subchapter
and other sexually violent offenses for which the individual was convicted.
(10) A statement whether an individual convicted of a sexually violent offense, a sexually
violent predator or a sexually violent delinquent child is in compliance with registration.
(11) A statement whether the victim is a minor.
(12) Date on which the individual convicted of a sexually violent offense, a sexually violent
predator or a sexually violent delinquent child is made active within the registry
and date when the individual most recently updated registration information.
(13) Indication as to whether the individual is a sexually violent predator, sexually violent
delinquent child or convicted of a Tier I, Tier II or Tier III sexual offense.
(14) If applicable, indication that an individual convicted of a sexually violent offense,
a sexually violent predator or a sexually violent delinquent child is incarcerated
or committed or is a transient.
(c) Prohibited information.--The public Internet website established under this section shall not contain:
(1) The identity of any victim.
(2) The Social Security number of an individual convicted of a sexually violent offense,
a sexually violent predator or a sexually violent delinquent child.
(3) Any information relating to arrests of an individual convicted of a sexually violent
offense, a sexually violent predator or a sexually violent delinquent child that did
not result in conviction.
(4) Travel and immigration document numbers.
(d) (Reserved).
(e) Duration of posting.--The information listed in subsection (b) shall be made available on the Internet website
unless an individual convicted of a sexually violent offense, a sexually violent predator
or a sexually violent delinquent child is deceased or is no longer required to register
under this subchapter.
(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff.
Dec. 20, 2012)
2021 Unconstitutionality. Section 9799.28 was declared unconstitutional as applied by the Pennsylvania Supreme
Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021).
2019 Unconstitutionality. Section 9799.28 was declared unconstitutional as applied by the Pennsylvania Superior
Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).
2012 Amendment. Act 91 amended subsecs. (a)(1)(i) and (ii), (b)(3), (4), (5), (6) and (9) and (e)
and added subsec. (b)(12), (13) and (14).
2011 Amendment. Act 111 added section 9799.28. See section 17(1)(i) of Act 111 in the appendix to
this title for special provisions relating to applicability.
Notes of Decisions
J. Taylor v. The PSP of the Commonwealth of PA, 132 A.3d 590 (Pa. Commw. Ct. 2016).
· cites it 10× “28(a) of SORNA, 42 Pa. C.S. § 9799.28(a) (hereafter, “internet notification provision”), mandates that the PSP “[d]evelop and maintain a system for making information about [those] convicted of[, inter alia,] a sexually violent offense” public via the internet.”
Dougherty v. Pa. State Police of Pa., 138 A.3d 152 (Pa. Commw. Ct. 2016).
· cites it 7× “28(a) of SORNA, 42 Pa.C.S. § 9799.28(a), was punitive for purposes of the Ex Post Facto Clause of the Pennsylvania Constitution.”
Com.. v. Moore, L., 222 A.3d 16 (Pa. Super. Ct. 2019).
· cites it 4× “3d at 1208 (citing Subchapter H, 42 Pa.C.S. § 9799.28). The Pennsylvania Supreme Court reasoned that the dissemination of the registration information via the Internet is equivalent to public shaming because it exposes offenders to ostracism and harassment without any mechanism…”
Coppolino v. Noonan, 102 A.3d 1254 (Pa. Commw. Ct. 2014).
· cites it 4× “” 42 Pa.C.S. § 9799.28(a)(1)(i). The PSP must include certain information on the website 36 and must not include other information.”
Com.. v. Moore, L., 2019 Pa. Super. 320 (Pa. Super. Ct. 2019).
· cites it 4× “3d at 1208 (citing Subchapter H, 42 Pa.C.S. § 9799.28). The Pennsylvania Supreme Court reasoned that the dissemination of the registration information via the Internet is equivalent to public shaming because it exposes offenders to ostracism and harassment without any mechanism…”
Gregory v. Pennsylvania State Police, 160 A.3d 274 (Pa. Commw. Ct. 2017).
“28(b) of SORNA, 42 Pa. C.S. § 9799.28(b). Upon release, Petitioner would be required to remain on the registry and the State Police’s public website, or be subject to the penalties associated with failing to comply with the registration requirements.”
Commonwealth v. Muniz, J., Aplt., 164 A.3d 1189 (Pa. 2017).
· cites it 9× “42 Pa.C.S. § 9799.28. The resulting website “[c]ontains a feature to permit a member of the public to obtain relevant information for an [offender] by a query of the internet website based on search criteria including searches for any given zip code or geographic radius set by…”
J.J. M. v. Pa. State Police, 183 A.3d 1109 (Pa. Commw. Ct. 2018).
“28 of the Sentencing Code, 42 Pa. C.S. § 9799.28, directs PSP to maintain a public Internet website containing information about individuals convicted, inter alia , of a sexually violent offense.”
Commonwealth v. Woodruff, 135 A.3d 1045 (Pa. Super. Ct. 2016).
“S § 9799,27 (enumerating, inter alia, additional public notification procedures applicable exclusively to SVPs (and sexually violent delinquent children), such as direct notification to the SVP’s neighbors and nearby schools, day-care centers, colleges, and universities); 42…”
Commonwealth, Aplt. v. Witmayer, M. (Pa. 2020).
· cites it 5× “42 Pa.C.S. §9799.28. The resulting website “[c]ontains a feature to permit a member of the public to obtain relevant information for an [offender] by a query of the internet website based on search criteria including searches for any given zip code or geographic radius set by…”
Commonwealth, Aplt. v. Witmayer, M. (Pa. 2020).
· cites it 4× “42 Pa.C.S. § 9799.28. The resulting website “[c]ontains a feature to permit a member of the public to obtain relevant information for an [offender] by a query of the internet website based on search criteria including searches for any given zip code or geographic radius set by…”
G.S. Person v. PSP Megan's Law Section (Pa. Commw. Ct. 2015).
· cites it 5× “28(a) of SORNA, 42 Pa. C.S. § 9799.28(a) (hereafter, “internet notification provision”), mandates that the PSP “[d]evelop and maintain a system for making information about [those] convicted of[, inter alia,] a sexually violent offense” public via the internet.”
— 42 Pa. Cons. Stat. § 9799.28(a) — 8 cases
J. Taylor v. The PSP of the Commonwealth of PA, 132 A.3d 590 (Pa. Commw. Ct. 2016).
“28(a) of SORNA, 42 Pa. C.S. § 9799.28(a) (hereafter, “internet notification provision”), mandates that the PSP “[d]evelop and maintain a system for making information about [those] convicted of[, inter alia,] a sexually violent offense” public via the internet.”
Dougherty v. Pa. State Police of Pa., 138 A.3d 152 (Pa. Commw. Ct. 2016).
“28(a) of SORNA, 42 Pa.C.S. § 9799.28(a), was punitive for purposes of the Ex Post Facto Clause of the Pennsylvania Constitution.”
G.S. Person v. PSP Megan's Law Section (Pa. Commw. Ct. 2015).
“28(a) of SORNA, 42 Pa. C.S. § 9799.28(a) (hereafter, “internet notification provision”), mandates that the PSP “[d]evelop and maintain a system for making information about [those] convicted of[, inter alia,] a sexually violent offense” public via the internet.”
— 42 Pa. Cons. Stat. § 9799.28(a)(1)(h) — 2 cases
J. Taylor v. The PSP of the Commonwealth of PA, 132 A.3d 590 (Pa. Commw. Ct. 2016).
“28(a) of SORNA, 42 Pa. C.S. § 9799.28(a) (hereafter, “internet notification provision”), mandates that the PSP “[d]evelop and maintain a system for making information about [those] convicted of[, inter alia,] a sexually violent offense” public via the internet.”
Commonwealth v. Muniz, J., Aplt., 164 A.3d 1189 (Pa. 2017).
“42 Pa.C.S. § 9799.28. The resulting website “[c]ontains a feature to permit a member of the public to obtain relevant information for an [offender] by a query of the internet website based on search criteria including searches for any given zip code or geographic radius set by…”
— 42 Pa. Cons. Stat. § 9799.28(a)(1)(i) — 6 cases
Coppolino v. Noonan, 102 A.3d 1254 (Pa. Commw. Ct. 2014).
“” 42 Pa.C.S. § 9799.28(a)(1)(i). The PSP must include certain information on the website 36 and must not include other information.”
Com.. v. Moore, L., 222 A.3d 16 (Pa. Super. Ct. 2019).
“3d at 1208 (citing Subchapter H, 42 Pa.C.S. § 9799.28). The Pennsylvania Supreme Court reasoned that the dissemination of the registration information via the Internet is equivalent to public shaming because it exposes offenders to ostracism and harassment without any mechanism…”
Com.. v. Moore, L., 2019 Pa. Super. 320 (Pa. Super. Ct. 2019).
“3d at 1208 (citing Subchapter H, 42 Pa.C.S. § 9799.28). The Pennsylvania Supreme Court reasoned that the dissemination of the registration information via the Internet is equivalent to public shaming because it exposes offenders to ostracism and harassment without any mechanism…”
Commonwealth v. Muniz, J., Aplt., 164 A.3d 1189 (Pa. 2017).
“42 Pa.C.S. § 9799.28. The resulting website “[c]ontains a feature to permit a member of the public to obtain relevant information for an [offender] by a query of the internet website based on search criteria including searches for any given zip code or geographic radius set by…”
Commonwealth, Aplt. v. Witmayer, M. (Pa. 2020).
“42 Pa.C.S. §9799.28. The resulting website “[c]ontains a feature to permit a member of the public to obtain relevant information for an [offender] by a query of the internet website based on search criteria including searches for any given zip code or geographic radius set by…”
— 42 Pa. Cons. Stat. § 9799.28(a)(1)(ii) — 7 cases
Dougherty v. Pa. State Police of Pa., 138 A.3d 152 (Pa. Commw. Ct. 2016).
“28(a) of SORNA, 42 Pa.C.S. § 9799.28(a), was punitive for purposes of the Ex Post Facto Clause of the Pennsylvania Constitution.”
J. Taylor v. The PSP of the Commonwealth of PA, 132 A.3d 590 (Pa. Commw. Ct. 2016).
“28(a) of SORNA, 42 Pa. C.S. § 9799.28(a) (hereafter, “internet notification provision”), mandates that the PSP “[d]evelop and maintain a system for making information about [those] convicted of[, inter alia,] a sexually violent offense” public via the internet.”
Commonwealth v. Muniz, J., Aplt., 164 A.3d 1189 (Pa. 2017).
“42 Pa.C.S. § 9799.28. The resulting website “[c]ontains a feature to permit a member of the public to obtain relevant information for an [offender] by a query of the internet website based on search criteria including searches for any given zip code or geographic radius set by…”
Commonwealth, Aplt. v. Witmayer, M. (Pa. 2020).
“42 Pa.C.S. §9799.28. The resulting website “[c]ontains a feature to permit a member of the public to obtain relevant information for an [offender] by a query of the internet website based on search criteria including searches for any given zip code or geographic radius set by…”
Commonwealth, Aplt. v. Witmayer, M. (Pa. 2020).
“42 Pa.C.S. § 9799.28. The resulting website “[c]ontains a feature to permit a member of the public to obtain relevant information for an [offender] by a query of the internet website based on search criteria including searches for any given zip code or geographic radius set by…”
— 42 Pa. Cons. Stat. § 9799.28(a)(1)(iii) — 3 cases
Commonwealth v. Muniz, J., Aplt., 164 A.3d 1189 (Pa. 2017).
“42 Pa.C.S. § 9799.28. The resulting website “[c]ontains a feature to permit a member of the public to obtain relevant information for an [offender] by a query of the internet website based on search criteria including searches for any given zip code or geographic radius set by…”
Commonwealth, Aplt. v. Witmayer, M. (Pa. 2020).
“42 Pa.C.S. §9799.28. The resulting website “[c]ontains a feature to permit a member of the public to obtain relevant information for an [offender] by a query of the internet website based on search criteria including searches for any given zip code or geographic radius set by…”
Commonwealth, Aplt. v. Witmayer, M. (Pa. 2020).
“42 Pa.C.S. § 9799.28. The resulting website “[c]ontains a feature to permit a member of the public to obtain relevant information for an [offender] by a query of the internet website based on search criteria including searches for any given zip code or geographic radius set by…”
— 42 Pa. Cons. Stat. § 9799.28(a)(l)(i) — 1 case
Commonwealth v. Muniz, J., Aplt., 164 A.3d 1189 (Pa. 2017).
“42 Pa.C.S. § 9799.28. The resulting website “[c]ontains a feature to permit a member of the public to obtain relevant information for an [offender] by a query of the internet website based on search criteria including searches for any given zip code or geographic radius set by…”
— 42 Pa. Cons. Stat. § 9799.28(a)(l)(iii) — 1 case
Commonwealth v. Muniz, J., Aplt., 164 A.3d 1189 (Pa. 2017).
“42 Pa.C.S. § 9799.28. The resulting website “[c]ontains a feature to permit a member of the public to obtain relevant information for an [offender] by a query of the internet website based on search criteria including searches for any given zip code or geographic radius set by…”
— 42 Pa. Cons. Stat. § 9799.28(b) — 8 cases
Com.. v. Moore, L., 222 A.3d 16 (Pa. Super. Ct. 2019).
“3d at 1208 (citing Subchapter H, 42 Pa.C.S. § 9799.28). The Pennsylvania Supreme Court reasoned that the dissemination of the registration information via the Internet is equivalent to public shaming because it exposes offenders to ostracism and harassment without any mechanism…”
Gregory v. Pennsylvania State Police, 160 A.3d 274 (Pa. Commw. Ct. 2017).
“28(b) of SORNA, 42 Pa. C.S. § 9799.28(b). Upon release, Petitioner would be required to remain on the registry and the State Police’s public website, or be subject to the penalties associated with failing to comply with the registration requirements.”
Com.. v. Moore, L., 2019 Pa. Super. 320 (Pa. Super. Ct. 2019).
“3d at 1208 (citing Subchapter H, 42 Pa.C.S. § 9799.28). The Pennsylvania Supreme Court reasoned that the dissemination of the registration information via the Internet is equivalent to public shaming because it exposes offenders to ostracism and harassment without any mechanism…”
Commonwealth v. Muniz, J., Aplt., 164 A.3d 1189 (Pa. 2017).
“42 Pa.C.S. § 9799.28. The resulting website “[c]ontains a feature to permit a member of the public to obtain relevant information for an [offender] by a query of the internet website based on search criteria including searches for any given zip code or geographic radius set by…”
— 42 Pa. Cons. Stat. § 9799.28(b)(1) — 5 cases
J. Taylor v. The PSP of the Commonwealth of PA, 132 A.3d 590 (Pa. Commw. Ct. 2016).
“28(a) of SORNA, 42 Pa. C.S. § 9799.28(a) (hereafter, “internet notification provision”), mandates that the PSP “[d]evelop and maintain a system for making information about [those] convicted of[, inter alia,] a sexually violent offense” public via the internet.”
Commonwealth v. Muniz, J., Aplt., 164 A.3d 1189 (Pa. 2017).
“42 Pa.C.S. § 9799.28. The resulting website “[c]ontains a feature to permit a member of the public to obtain relevant information for an [offender] by a query of the internet website based on search criteria including searches for any given zip code or geographic radius set by…”
G.S. Person v. PSP Megan's Law Section (Pa. Commw. Ct. 2015).
“28(a) of SORNA, 42 Pa. C.S. § 9799.28(a) (hereafter, “internet notification provision”), mandates that the PSP “[d]evelop and maintain a system for making information about [those] convicted of[, inter alia,] a sexually violent offense” public via the internet.”
— 42 Pa. Cons. Stat. § 9799.28(b)(3) — 1 case
Dougherty v. Pa. State Police of Pa., 138 A.3d 152 (Pa. Commw. Ct. 2016).
“28(a) of SORNA, 42 Pa.C.S. § 9799.28(a), was punitive for purposes of the Ex Post Facto Clause of the Pennsylvania Constitution.”
— 42 Pa. Cons. Stat. § 9799.28(b)(8) — 2 cases
J. Taylor v. The PSP of the Commonwealth of PA, 132 A.3d 590 (Pa. Commw. Ct. 2016).
“28(a) of SORNA, 42 Pa. C.S. § 9799.28(a) (hereafter, “internet notification provision”), mandates that the PSP “[d]evelop and maintain a system for making information about [those] convicted of[, inter alia,] a sexually violent offense” public via the internet.”
G.S. Person v. PSP Megan's Law Section (Pa. Commw. Ct. 2015).
“28(a) of SORNA, 42 Pa. C.S. § 9799.28(a) (hereafter, “internet notification provision”), mandates that the PSP “[d]evelop and maintain a system for making information about [those] convicted of[, inter alia,] a sexually violent offense” public via the internet.”
— 42 Pa. Cons. Stat. § 9799.28(b)(l) — 1 case
Coppolino v. Noonan, 102 A.3d 1254 (Pa. Commw. Ct. 2014).
“” 42 Pa.C.S. § 9799.28(a)(1)(i). The PSP must include certain information on the website 36 and must not include other information.”
— 42 Pa. Cons. Stat. § 9799.28(c)(l) — 1 case
Coppolino v. Noonan, 102 A.3d 1254 (Pa. Commw. Ct. 2014).
“” 42 Pa.C.S. § 9799.28(a)(1)(i). The PSP must include certain information on the website 36 and must not include other information.”
— 42 Pa. Cons. Stat. § 9799.28(e) — 2 cases
Com.. v. Moore, L., 222 A.3d 16 (Pa. Super. Ct. 2019).
“3d at 1208 (citing Subchapter H, 42 Pa.C.S. § 9799.28). The Pennsylvania Supreme Court reasoned that the dissemination of the registration information via the Internet is equivalent to public shaming because it exposes offenders to ostracism and harassment without any mechanism…”
Com.. v. Moore, L., 2019 Pa. Super. 320 (Pa. Super. Ct. 2019).
“3d at 1208 (citing Subchapter H, 42 Pa.C.S. § 9799.28). The Pennsylvania Supreme Court reasoned that the dissemination of the registration information via the Internet is equivalent to public shaming because it exposes offenders to ostracism and harassment without any mechanism…”
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