SUBCHAPTER I
CONTINUED REGISTRATION OF SEXUAL OFFENDERS
Sec.
9799.51. Legislative findings and declaration of policy.
9799.52. Scope.
9799.53. Definitions.
9799.54. Applicability.
9799.55. Registration.
9799.56. Registration procedures and applicability.
9799.57. Sentencing court information.
9799.58. Assessments.
9799.59. Exemption from certain notifications.
9799.60. Verification of residence.
9799.61. Victim notification.
9799.62. Other notification.
9799.63. Information made available on Internet and electronic notification.
9799.64. Administration.
9799.65. Global positioning system technology.
9799.66. Immunity for good faith conduct.
9799.67. Duties of Pennsylvania State Police.
9799.68. Duties of Department of Corrections.
9799.69. Board.
9799.70. Counseling of sexually violent predators.
9799.71. Exemption from notification for certain licensees and their employees.
9799.72. Annual performance audit.
9799.73. Photographs and fingerprinting.
9799.74. Standing for Pennsylvania State Police.
9799.75. Construction of subchapter.
Enactment. Subchapter I was added February 21, 2018, P.L.27, No.10, effective immediately.
Subchapter Heading. The heading of Subchapter I was reenacted June 12, 2018, P.L.140, No.29, effective
immediately.
Special Provisions in Appendix. See section 20(2) of Act 10 of 2018 in the appendix to this title for special provisions
relating to applicability.
See section 21 of Act 29 of 2018 in the appendix to this title for special provisions
relating to applicability.
Cross References. Subchapter I is referred to in sections 5920, 9774.1, 9799.16, 9799.25, 9799.38 of
this title; sections 3130, 3141, 4915.2, 9122.1 of Title 18 (Crimes and Offenses);
sections 2511, 6338.1, 6707 of Title 23 (Domestic Relations); sections 3903, 4103,
4503, 6137.1, 6138, 6139 of Title 61 (Prisons and Parole).
§ 9799.51. Legislative findings and declaration of policy.
(a) Legislative findings.--It is hereby determined and declared as a matter of legislative finding:
(1) If the public is provided adequate notice and information about sexually violent predators
and offenders as well as those sexually violent predators and offenders who do not
have a fixed place of habitation or abode, the community can develop constructive
plans to prepare itself for the release of sexually violent predators and offenders.
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 their children.
(2) These sexually violent predators and offenders pose a high risk of engaging in further
offenses even after being released from incarceration or commitments, and protection
of the public from this type of offender is a paramount governmental interest.
(3) The penal and mental health components of our justice system are largely hidden from
public view, and lack of information from either may result in failure of both systems
to meet this paramount concern of public safety.
(4) Overly restrictive confidentiality and liability laws governing the release of information
about sexually violent predators and offenders have reduced the willingness to release
information that could be appropriately released under the public disclosure laws
and have increased risks to public safety.
(5) Persons found to have committed a sexual offense 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 sexually violent predators and 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.
(b) Declaration of policy.--It is hereby declared to be the intention of the General Assembly to:
(1) Protect the safety and general welfare of the people of this Commonwealth by providing
for registration, community notification and access to information regarding sexually
violent predators and offenders who are about to be released from custody and will
live in or near their neighborhood.
(2) Require the exchange of relevant information about sexually violent predators and
offenders among public agencies and officials and to authorize the release of necessary
and relevant information about sexually violent predators and offenders to members
of the general public, including information available through the publicly accessible
Internet website of the Pennsylvania State Police, as a means of assuring public protection
and shall not be construed as punitive.
(3) Address the Superior Court's opinion in the case of Commonwealth v. Wilgus, 975 A.2d
1183 (2009), by requiring sexually violent predators and offenders without a fixed
place of habitation or abode to register under this subchapter.
(4) Address the Pennsylvania Supreme Court's decision in Commonwealth v. Muniz, No. 47
MAP 2016 (Pa. 2016), and the Pennsylvania Superior Court's decision in Commonwealth
v. Butler, 173 A.3d 1212 (Pa. Super. 2017).
(June 12, 2018, P.L.140, No.29, eff. imd.)
2018 Amendment. Act 29 reenacted section 9799.51.
References in Text. The citation, Commonwealth v. Butler, 173 A.3d 1212 (Pa. Super. 2017), referred to
in subsec. (b)(4), was incorrectly cited as Commonwealth v. Butler (2017 WL 3882445)
in Acts 10 and 29 of 2018. The 2018 Pamphlet Law Volume contains the correct Westlaw
citation, (2017 4914155).
Notes of Decisions
Cited in
82
cases (
40 in the last 5 years), 2018–2026 · leading case:
Com.. v. Moore, L., 222 A.3d 16, 2019 PA Super 320 (Pa. Super. Ct. 2019).
Com.. v. Moore, L., 222 A.3d 16, 2019 PA Super 320 (Pa. Super. Ct. 2019).
· cites it 3× “” 42 Pa.C.S. § 9799.51(a)(5). - 16 - J-A12038-19 Most important to our analysis is the General Assembly’s intent to “[p]rotect the safety and general welfare of the people of this Commonwealth by providing for registration, community notification[,] and access to information…”
Commonwealth v. Greco, 203 A.3d 1120 (Pa. Super. Ct. 2019).
“See 42 Pa.C.S. §§ 9799.51 -9799.75. Those statutes constitute a new subchapter, "Continued Registration of Sexual Offenders.”
Commonwealth v. Tighe, 184 A.3d 560 (Pa. Super. Ct. 2018).
“…and we note that the Legislature has amended SORNA, effective February 21, 2018, to address Muniz . See e.g. 42 Pa.C.S. §§ 9799.51 -9799.75.”
Com.. v. Moore, L., 2019 PA Super 320.
· cites it 3× “” 42 Pa.C.S. § 9799.51(a)(5). - 16 - J-A12038-19 Most important to our analysis is the General Assembly’s intent to “[p]rotect the safety and general welfare of the people of this Commonwealth by providing for registration, community notification[,] and access to information…”
Com. v. Smith, S., 240 A.3d 654, 2020 PA Super 237 (Pa. Super. Ct. 2020).
“See 42 Pa.C.S. § 9799.51(b)(4). Because offender registration requirements evolve pursuant to the legislative decisions of our General Assembly, registrants must comply with current law.”
Commonwealth v. Fernandez, 195 A.3d 299 (Pa. Super. Ct. 2018).
“" 5 42 Pa.C.S. §§ 9799.51 - 9799.75. The stated purpose of Act 10 was, inter alia , to address Muniz , and it applies to the following individuals: This subchapter shall apply to individuals who were: (1) convicted of a sexually violent offense committed on or after April 22,…”
Commonwealth v. Johnson, 200 A.3d 964 (Pa. Super. Ct. 2018).
“The registry states that Appellant's registration began on March 13, 2012. Effective February 21, 2018, the Legislature enacted Act 10, which added a new subchapter to SORNA, "Continued Registration of Sexual Offenders.”
T.S. v. PSP, No. 129 M.D. 2019 (Pa. Commw. Ct. May 11, 2020).
· cites it 14× “42 Pa.C.S. § 9799.51(a). Based upon these findings, the General Assembly has set forth that its policy in subchapter I of Act 29 is to: (1) Protect the safety and general welfare of the people of this Commonwealth by providing for registration, community notification and access…”
Commonwealth v. Witmayer, M., No. 64 MAP 2018 (Pa. July 21, 2020).
· cites it 4× “” 42 Pa.C.S. §9799.51(b)(1). Further, the General Assembly expressly declared that Subchapter I “shall not be construed as punitive.”
Com. v. Smith, S., 2020 PA Super 237.
“See 42 Pa.C.S. § 9799.51(b)(4). Because offender registration requirements evolve pursuant to the legislative decisions of our General Assembly, registrants must comply with current law.”
A.D.H. v. PSP, No. 315 M.D. 2022 (Pa. Commw. Ct. June 3, 2024).
· cites it 3× “” 42 Pa.C.S. § 9799.51(a)(5). 5 Although styled as a petition seeking mandamus relief, Petitioner also seeks a declaration that SORNA is facially unconstitutional.”
Com. v. Smith, D., No. 171 WDA 2018 (Pa. Super. Ct. Nov. 9, 2018).
· cites it 2× “We remand this matter for a determination of the applicability of the amendments to the law, found at 42 Pa.C.S. § 9799.51 et seq.2 Due to our resolution of this matter, we need not recite the underlying facts of this matter in detail.”
42 Pa. Cons. Stat. § 9799.51(a): 1 case
T.S. v. PSP, No. 129 M.D. 2019 (Pa. Commw. Ct. May 11, 2020).
“42 Pa.C.S. § 9799.51(a). Based upon these findings, the General Assembly has set forth that its policy in subchapter I of Act 29 is to: (1) Protect the safety and general welfare of the people of this Commonwealth by providing for registration, community notification and access…”
42 Pa. Cons. Stat. § 9799.51(a)(1): 1 case
T.S. v. PSP, No. 129 M.D. 2019 (Pa. Commw. Ct. May 11, 2020).
“42 Pa.C.S. § 9799.51(a). Based upon these findings, the General Assembly has set forth that its policy in subchapter I of Act 29 is to: (1) Protect the safety and general welfare of the people of this Commonwealth by providing for registration, community notification and access…”
42 Pa. Cons. Stat. § 9799.51(a)(2): 6 cases
T.S. v. PSP, No. 129 M.D. 2019 (Pa. Commw. Ct. May 11, 2020).
“42 Pa.C.S. § 9799.51(a). Based upon these findings, the General Assembly has set forth that its policy in subchapter I of Act 29 is to: (1) Protect the safety and general welfare of the people of this Commonwealth by providing for registration, community notification and access…”
D. L. v. PSP, No. 405 M.D. 2017 (Pa. Commw. Ct. Feb. 2, 2026).
42 Pa. Cons. Stat. § 9799.51(a)(5): 4 cases
Com.. v. Moore, L., 222 A.3d 16, 2019 PA Super 320 (Pa. Super. Ct. 2019).
“” 42 Pa.C.S. § 9799.51(a)(5). - 16 - J-A12038-19 Most important to our analysis is the General Assembly’s intent to “[p]rotect the safety and general welfare of the people of this Commonwealth by providing for registration, community notification[,] and access to information…”
Com.. v. Moore, L., 2019 PA Super 320.
“” 42 Pa.C.S. § 9799.51(a)(5). - 16 - J-A12038-19 Most important to our analysis is the General Assembly’s intent to “[p]rotect the safety and general welfare of the people of this Commonwealth by providing for registration, community notification[,] and access to information…”
A.D.H. v. PSP, No. 315 M.D. 2022 (Pa. Commw. Ct. June 3, 2024).
“” 42 Pa.C.S. § 9799.51(a)(5). 5 Although styled as a petition seeking mandamus relief, Petitioner also seeks a declaration that SORNA is facially unconstitutional.”
42 Pa. Cons. Stat. § 9799.51(b): 1 case
T.S. v. PSP, No. 129 M.D. 2019 (Pa. Commw. Ct. May 11, 2020).
“42 Pa.C.S. § 9799.51(a). Based upon these findings, the General Assembly has set forth that its policy in subchapter I of Act 29 is to: (1) Protect the safety and general welfare of the people of this Commonwealth by providing for registration, community notification and access…”
42 Pa. Cons. Stat. § 9799.51(b)(1): 7 cases
T.S. v. PSP, No. 129 M.D. 2019 (Pa. Commw. Ct. May 11, 2020).
“42 Pa.C.S. § 9799.51(a). Based upon these findings, the General Assembly has set forth that its policy in subchapter I of Act 29 is to: (1) Protect the safety and general welfare of the people of this Commonwealth by providing for registration, community notification and access…”
Commonwealth v. Witmayer, M., No. 64 MAP 2018 (Pa. July 21, 2020).
“” 42 Pa.C.S. §9799.51(b)(1). Further, the General Assembly expressly declared that Subchapter I “shall not be construed as punitive.”
M.G. v. PSP, No. 201 M.D. 2019 (Pa. Commw. Ct. Sept. 25, 2020).
42 Pa. Cons. Stat. § 9799.51(b)(2): 17 cases
Com.. v. Moore, L., 222 A.3d 16, 2019 PA Super 320 (Pa. Super. Ct. 2019).
“” 42 Pa.C.S. § 9799.51(a)(5). - 16 - J-A12038-19 Most important to our analysis is the General Assembly’s intent to “[p]rotect the safety and general welfare of the people of this Commonwealth by providing for registration, community notification[,] and access to information…”
Com.. v. Moore, L., 2019 PA Super 320.
“” 42 Pa.C.S. § 9799.51(a)(5). - 16 - J-A12038-19 Most important to our analysis is the General Assembly’s intent to “[p]rotect the safety and general welfare of the people of this Commonwealth by providing for registration, community notification[,] and access to information…”
T.S. v. PSP, No. 129 M.D. 2019 (Pa. Commw. Ct. May 11, 2020).
“42 Pa.C.S. § 9799.51(a). Based upon these findings, the General Assembly has set forth that its policy in subchapter I of Act 29 is to: (1) Protect the safety and general welfare of the people of this Commonwealth by providing for registration, community notification and access…”
N. D. v. PSP, No. 503 M.D. 2020 (Pa. Commw. Ct. Aug. 12, 2021).
42 Pa. Cons. Stat. § 9799.51(b)(3): 1 case
42 Pa. Cons. Stat. § 9799.51(b)(4): 27 cases
Com. v. Smith, S., 240 A.3d 654, 2020 PA Super 237 (Pa. Super. Ct. 2020).
“See 42 Pa.C.S. § 9799.51(b)(4). Because offender registration requirements evolve pursuant to the legislative decisions of our General Assembly, registrants must comply with current law.”
Com.. v. Moore, L., 222 A.3d 16, 2019 PA Super 320 (Pa. Super. Ct. 2019).
“” 42 Pa.C.S. § 9799.51(a)(5). - 16 - J-A12038-19 Most important to our analysis is the General Assembly’s intent to “[p]rotect the safety and general welfare of the people of this Commonwealth by providing for registration, community notification[,] and access to information…”
Com.. v. Moore, L., 2019 PA Super 320.
“” 42 Pa.C.S. § 9799.51(a)(5). - 16 - J-A12038-19 Most important to our analysis is the General Assembly’s intent to “[p]rotect the safety and general welfare of the people of this Commonwealth by providing for registration, community notification[,] and access to information…”
Com. v. Smith, S., 2020 PA Super 237.
“See 42 Pa.C.S. § 9799.51(b)(4). Because offender registration requirements evolve pursuant to the legislative decisions of our General Assembly, registrants must comply with current law.”
Commonwealth v. Witmayer, M., No. 64 MAP 2018 (Pa. July 21, 2020).
“” 42 Pa.C.S. §9799.51(b)(1). Further, the General Assembly expressly declared that Subchapter I “shall not be construed as punitive.”
42 Pa. Cons. Stat. § 9799.51(d)(4): 4 cases
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.