§ 9799.63. Information made available on Internet and electronic notification.
(a) Legislative findings.--It is hereby declared to be the finding of the General Assembly that public safety
will be enhanced by making information about sexually violent predators, lifetime
registrants and other sex offenders available to the public through the Internet and
electronic notification. Knowledge of whether a person is a sexually violent predator,
lifetime registrant or other sex 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 sexually violent predators, lifetime registrants and other
sex offenders. The technology afforded by the Internet and electronic notification
would make this information readily accessible to parents and private entities, enabling
them to undertake appropriate remedial precautions to prevent or avoid placing potential
victims at risk. Public access to information about sexually violent predators, lifetime
registrants and other sex offenders is intended solely as a means of public protection
and shall not be construed as punitive.
(b) Internet posting of sexually violent predators, lifetime registrants, other offenders
and electronic notification.--The Commissioner of the Pennsylvania State Police shall, in the manner and form directed
by the Governor:
(1) Develop and maintain a system for making the information described in subsection (c)
publicly available by electronic means so that the public may, without limitation,
obtain access to the information via an Internet website to view an individual record
or the records of all sexually violent predators, lifetime registrants and other offenders
who are registered with the Pennsylvania State Police. The publicly accessible Internet
website created under this subchapter and the information required to be posted under
this subchapter shall be included on the publicly accessible Internet website created
and maintained by the Pennsylvania State Police under Subchapter H (relating to registration
of sexual offenders).
(2) Ensure that the Internet website contains warnings that a person who uses the information
contained on the Internet website to threaten, intimidate or harass another or who
otherwise misuses that information may be criminally prosecuted.
(3) Ensure that the Internet website contains:
(i) An explanation of its limitations, including statements advising that a positive identification
of a sexually violent predator, lifetime registrant or other offender whose record
has been made available may be confirmed only by fingerprints.
(ii) A statement that some information contained on the Internet website may be outdated
or inaccurate.
(iii) A statement that the Internet website is not a comprehensive listing of every person
who has ever committed a sex offense in Pennsylvania.
(4) Strive to ensure that:
(i) the information contained on the Internet website is accurate;
(ii) the data on the Internet website is revised and updated as appropriate in a timely
and efficient manner; and
(iii) instructions are included on how to seek correction of information which a person
contends is erroneous.
(5) Provide on the Internet website general information designed to inform and educate
the public about sex offenders and sexually violent predators 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.
(6) Identify when the victim is a minor with a special designation. The identity of a
victim of a sex offense shall not be published or posted on the Internet website.
(7) Notwithstanding 18 Pa.C.S. Ch. 91 (relating to criminal history record information),
develop, implement and maintain a process which allows members of the public to receive
electronic notification when an individual required to register under this subchapter
moves into or out of a user-designated location.
(c) Information permitted to be disclosed regarding individuals.--Notwithstanding 18 Pa.C.S. Ch. 91, the Internet website shall contain the following
information on each individual:
(1) For sexually violent predators, the following information shall be posted on the Internet
website:
(i) name and all known aliases;
(ii) year of birth;
(iii) in the case of an individual who has a residence as defined in paragraph (1) of the
definition of "residence" in section 9799.53 (relating to definitions), the street
address, municipality, county and zip code of all residences, including, where applicable,
the name of the prison or other place of confinement;
(iv) the street address, municipality, county, zip code and name of an institution or location
at which the person is enrolled as a student;
(v) the municipality, county and zip code of an employment location;
(vi) a photograph of the individual, which shall be updated not less than annually;
(vii) a physical description of the offender, including sex, height, weight, eye color,
hair color and race;
(viii) identifying marks, including scars, birthmarks and tattoos;
(ix) the license plate number and description of a vehicle owned or registered to the offender;
(x) whether the offender is currently compliant with registration requirements;
(xi) whether the victim is a minor;
(xii) a description of the offense or offenses which triggered the application of this subchapter;
(xiii) the date of the offense and conviction, if available; and
(xiv) in the case of an individual who has a residence as defined in paragraph (2) of the
definition of "residence" in section 9799.53, the information listed in section 9799.56(a)(2)(i)(C)
(relating to registration procedures and applicability), including, where applicable,
the name of the prison or other place of confinement.
(2) For all other lifetime registrants and offenders subject to registration, the information
specified in paragraph (1) shall be posted on the Internet website.
(d) Duration of Internet posting.--
(1) The information listed in subsection (c) about a sexually violent predator shall be
made available on the Internet for the lifetime of the sexually violent predator.
(2) The information listed in subsection (c) about an offender who is subject to lifetime
registration shall be made available on the Internet for the lifetime of the offender
unless the offender is granted relief under section 9799.59 (relating to exemption
from certain notifications).
(3) The information listed in subsection (c) about any other offender subject to registration
shall be made available on the Internet for the entire period during which the offender
is required to register, including an extension of this period under section 9799.56(a)(3).
(June 12, 2018, P.L.140, No.29, eff. imd.)
2018 Amendment. Act 29 reenacted section 9799.63.
Cross References. Section 9799.63 is referred to in sections 9799.53, 9799.56 of this title.
Notes of Decisions
Cited in
21
cases (
6 in the last 5 years), 2019–2024 · 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. § 9799.63 unconstitutional and severable.”
Com.. v. Moore, L., 2019 PA Super 320.
· cites it 3× “42 Pa.C.S. § 9799.63 unconstitutional and severable.”
T.S. v. PSP, No. 129 M.D. 2019 (Pa. Commw. Ct. May 11, 2020).
· cites it 9× “” 42 Pa.C.S. § 9799.63(a). The General Assembly intends the Internet dissemination provision “solely as a means of public protection” that “shall not be construed as punitive.”
Commonwealth v. Witmayer, M., No. 64 MAP 2018 (Pa. July 21, 2020).
· cites it 5× “42 Pa.C.S. §9799.63(b), (c). Subchapter I further directs the PSP to “develop, implement and maintain a process which allows members of the public to receive electronic notification when an individual required to register under [Subchapter I] moves into or out of a…”
Commonwealth v. Witmayer, M., No. 64 MAP 2018 (Pa. July 21, 2020).
· cites it 3× “42 Pa.C.S. § 9799.63(b)(7). Unlike the circumstance emphasized in Smith, [J-103A-2019 and J-103B-2019] [MO: Dougherty, J.”
M.G. v. PSP, No. 201 M.D. 2019 (Pa. Commw. Ct. Sept. 25, 2020).
· cites it 3× “42 Pa.C.S. § 9799.63(b)(7). • Finally, an SVP or lifetime reporter can petition a court to be removed from the statewide registry.”
H. Cao v. PSP of The Com. of PA, No. 512 M.D. 2015 (Pa. Commw. Ct. Oct. 16, 2019).
· cites it 2× “42 Pa. C.S. § 9799.63(c)(1).9 These notifications are required for all lifetime registrants, not just those deemed to be sexually violent predators.”
B.W. v. PSP, No. 433 M.D. 2018 (Pa. Commw. Ct. July 6, 2020).
· cites it 2× “42 Pa.C.S. § 9799.63. II. Background Petitioner avers as follows in his Petition.”
Com. v. Ortiz, E., 224 A.3d 781 (Pa. Super. Ct. 2019).
“63 of SORNA II, 42 Pa.C.S. § 9799.63, which requires the dissemination of information regarding sexual offenders on a Pennsylvania State Police website, violates the federal ex post facto clause in light of Muniz.”
A.G. Wright v. PSP, No. 94 M.D. 2019 (Pa. Commw. Ct. Dec. 12, 2019).
“Yet, 42 Pa. C.S. §9799.63(b) imposes internet and electronic notification requirements, which the Muniz Court equated to public shaming in violation of our Constitution.”
Com. v. J., R., No. 2003 MDA 2019 (Pa. Super. Ct. Oct. 2, 2020).
“29, 42 Pa. C.S. § 9799.63, to be punitive in effect and deemed retroactive application of those I provisions to violate the federal Ex Past Facto Clause.”
Com. v. Slater, J., No. 1059 WDA 2018 (Pa. Super. Ct. Oct. 27, 2020).
“Additionally, we note that our Supreme Court recently vacated this Court’s decision in Moore, in which we held that 42 Pa.C.S. § 9799.63, the -5- J-S11002-20 internet notification provision of Subchapter I, violated the federal ex post facto clause, but was severable from the…”
42 Pa. Cons. Stat. § 9799.63(a): 3 cases
Com.. v. Moore, L., 222 A.3d 16, 2019 PA Super 320 (Pa. Super. Ct. 2019).
“42 Pa.C.S. § 9799.63 unconstitutional and severable.”
Com.. v. Moore, L., 2019 PA Super 320.
“42 Pa.C.S. § 9799.63 unconstitutional and severable.”
T.S. v. PSP, No. 129 M.D. 2019 (Pa. Commw. Ct. May 11, 2020).
“” 42 Pa.C.S. § 9799.63(a). The General Assembly intends the Internet dissemination provision “solely as a means of public protection” that “shall not be construed as punitive.”
42 Pa. Cons. Stat. § 9799.63(b): 2 cases
A.G. Wright v. PSP, No. 94 M.D. 2019 (Pa. Commw. Ct. Dec. 12, 2019).
“Yet, 42 Pa. C.S. §9799.63(b) imposes internet and electronic notification requirements, which the Muniz Court equated to public shaming in violation of our Constitution.”
Commonwealth v. Witmayer, M., No. 64 MAP 2018 (Pa. July 21, 2020).
“42 Pa.C.S. §9799.63(b), (c). Subchapter I further directs the PSP to “develop, implement and maintain a process which allows members of the public to receive electronic notification when an individual required to register under [Subchapter I] moves into or out of a…”
42 Pa. Cons. Stat. § 9799.63(b)(1): 1 case
T.S. v. PSP, No. 129 M.D. 2019 (Pa. Commw. Ct. May 11, 2020).
“” 42 Pa.C.S. § 9799.63(a). The General Assembly intends the Internet dissemination provision “solely as a means of public protection” that “shall not be construed as punitive.”
42 Pa. Cons. Stat. § 9799.63(b)(7): 2 cases
Commonwealth v. Witmayer, M., No. 64 MAP 2018 (Pa. July 21, 2020).
“42 Pa.C.S. § 9799.63(b)(7). Unlike the circumstance emphasized in Smith, [J-103A-2019 and J-103B-2019] [MO: Dougherty, J.”
M.G. v. PSP, No. 201 M.D. 2019 (Pa. Commw. Ct. Sept. 25, 2020).
“42 Pa.C.S. § 9799.63(b)(7). • Finally, an SVP or lifetime reporter can petition a court to be removed from the statewide registry.”
42 Pa. Cons. Stat. § 9799.63(c): 7 cases
Commonwealth v. Witmayer, M., No. 64 MAP 2018 (Pa. July 21, 2020).
“42 Pa.C.S. §9799.63(b), (c). Subchapter I further directs the PSP to “develop, implement and maintain a process which allows members of the public to receive electronic notification when an individual required to register under [Subchapter I] moves into or out of a…”
Commonwealth v. Witmayer, M., No. 64 MAP 2018 (Pa. July 21, 2020).
“42 Pa.C.S. § 9799.63(b)(7). Unlike the circumstance emphasized in Smith, [J-103A-2019 and J-103B-2019] [MO: Dougherty, J.”
M.G. v. PSP, No. 201 M.D. 2019 (Pa. Commw. Ct. Sept. 25, 2020).
“42 Pa.C.S. § 9799.63(b)(7). • Finally, an SVP or lifetime reporter can petition a court to be removed from the statewide registry.”
42 Pa. Cons. Stat. § 9799.63(c)(1): 5 cases
T.S. v. PSP, No. 129 M.D. 2019 (Pa. Commw. Ct. May 11, 2020).
“” 42 Pa.C.S. § 9799.63(a). The General Assembly intends the Internet dissemination provision “solely as a means of public protection” that “shall not be construed as punitive.”
H. Cao v. PSP of The Com. of PA, No. 512 M.D. 2015 (Pa. Commw. Ct. Oct. 16, 2019).
“42 Pa. C.S. § 9799.63(c)(1).9 These notifications are required for all lifetime registrants, not just those deemed to be sexually violent predators.”
B.W. v. PSP, No. 433 M.D. 2018 (Pa. Commw. Ct. July 6, 2020).
“42 Pa.C.S. § 9799.63. II. Background Petitioner avers as follows in his Petition.”
M.G. v. PSP, No. 201 M.D. 2019 (Pa. Commw. Ct. Sept. 25, 2020).
“42 Pa.C.S. § 9799.63(b)(7). • Finally, an SVP or lifetime reporter can petition a court to be removed from the statewide registry.”
L.S. v. PSP, No. 391 M.D. 2019 (Pa. Commw. Ct. Dec. 3, 2020).
42 Pa. Cons. Stat. § 9799.63(c)(1)(ix): 1 case
T.S. v. PSP, No. 129 M.D. 2019 (Pa. Commw. Ct. May 11, 2020).
“” 42 Pa.C.S. § 9799.63(a). The General Assembly intends the Internet dissemination provision “solely as a means of public protection” that “shall not be construed as punitive.”
42 Pa. Cons. Stat. § 9799.63(c)(1)(viii): 1 case
42 Pa. Cons. Stat. § 9799.63(c)(2): 2 cases
H. Cao v. PSP of The Com. of PA, No. 512 M.D. 2015 (Pa. Commw. Ct. Oct. 16, 2019).
“42 Pa. C.S. § 9799.63(c)(1).9 These notifications are required for all lifetime registrants, not just those deemed to be sexually violent predators.”
T.S. v. PSP, No. 129 M.D. 2019 (Pa. Commw. Ct. May 11, 2020).
“” 42 Pa.C.S. § 9799.63(a). The General Assembly intends the Internet dissemination provision “solely as a means of public protection” that “shall not be construed as punitive.”
42 Pa. Cons. Stat. § 9799.63(d): 1 case
T.S. v. PSP, No. 129 M.D. 2019 (Pa. Commw. Ct. May 11, 2020).
“” 42 Pa.C.S. § 9799.63(a). The General Assembly intends the Internet dissemination provision “solely as a means of public protection” that “shall not be construed as punitive.”
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