Pennsylvania Sex Offender Statute Reform

August 05, 2012

Pennsylvania's sex offender registration law, commonly known as Megan's Law, has recently been amended to bring it in line with federal law. The new law went into effect when Gov. Tom Corbett signed the updated law on Dec. 20 of last year. As the law is retroactive, it will have repercussions for anyone currently convicted of sex offenses, as well as those who are convicted in the future.

Out-of-State Sex Offenders Now Being Watched

Megan's Law was amended to close a sex offender registration loophole for out-of-state offenders. Under the old law, legislators failed to require those who were convicted of sex crimes -- including rape -- in other states to register as sex offenders when they moved to Pennsylvania. This essentially made Pennsylvania a "safe haven" for sex offenders. The new law closes this loophole.

More Regulation on Homeless Registered Sex Offenders

In addition to requiring out-of-state sex offenders to register if they move to Pennsylvania, the new law also addresses the issue of homeless sex offenders. Under the old law, if the sex offender was homeless, he or she had to provide authorities with his or her address only once per year, allowing the offender to move within the state without notifying authorities.

The new law requires registration more frequently. It still allows sex offenders to indicate if they are transient or homeless, but if the offender is without a permanent address, he or she must report to the state police every 30 days. If the offender is classified as a sexually violent predator, he or she must register his or her addresses for life.

The amendments to Megan's Law bring Pennsylvania's sex offender law in compliance with federal requirements. Had the law not gone into effect, the state stood to lose $1.6 million in federal funding. Since the new law went into effect only, 34 of the state's 11,000 known convicted sex offenders have registered as homeless.

No Agreement on Changes to Statute of Limitations

Several bills were also seeking to reform the state's statutes of limitation on child molestation-related charges. The current law allows criminal charges to be brought against an accuser until the victim reaches the age of 50; civil lawsuits are allowed until the victim hits the age of 30. One legislator -- Representative Louise Bishop (D - Philadelphia) -- supported doing away with the statute of limitations altogether on sexual abuse cases involving children. Another proposal, this one introduced by Representative Mike McGeehan (D - Philadelphia), would amend the law to provide for a two-year window in which civil cases could still be brought even after the accuser "ages out" of the applicable statute of limitations. Both of these measured failed to pass.

As this legislative session's amendments apply to those who are already convicted of sex offenses, it is important to have a clear understanding of the new law's effect on their individual situation. If you have been convicted of a sex offense, contact an experienced criminal defense attorney who can advise you about the updated law's registration requirements.

Article provided by Patrick J. Artur & Associates
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