pennsylvania

Pennsylvania Laws Regarding Registration
State Laws Regarding Sexual Offenses and Offenders, other than registration
Info for State Advocates
Other Useful State Information

While we strive to be as accurate and complete as possible, our researchers are not attorneys, and state laws are often full of nuances and gaps. Legal challenges in some states have resulted in different registration requirements based on the year of conviction or first registration. Users must accept all risks associated with actions taken based on this information. Please help us improve by reporting any errors or omissions via our form at https://narsol.org/wiki-response/

Pennsylvania Laws Regarding Registration

Who must register?

https://www.pameganslaw.state.pa.us/InformationalPages/CrimesCode
Title 42 § 9799.13. Applicability. Post SORNA
https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=97&sctn=99&subsctn=13
Title 42 § 9799.54. Applicability. Pre-SORNA
https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=97&sctn=99&subsctn=54

What information must registrants provide?

Title 42 § 9799.16. Registry. Post SORNA

https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=97&sctn=99&subsctn=16

Title 42 § 9799.56. Registration procedures and applicability. Pre-SORNA
https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=97&sctn=99&subsctn=56

How frequently must they register? And for how long?

Due to ex post facto court decision, two groupings:
Those whose offenses occurred prior to 12/20/12 .
42 PA C.S.A 9796 (a) and (b)
42 PA C.S.A 9799.55(a) details 10-year registration
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.097.099.055..HTM

Those whose offenses occurred on or after 12/20/12.
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.097.099.025..HTM
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.097.099.015..HTM

This summarizes the breakdowns of levels for tiers I, II, and III:
https://www.pameganslaw.state.pa.us/InformationalPages/Registration

Does the state categorize registrants by levels/tiers?

Yes. The tiers are: Tier 1, Tier 2, and Tier 3.
§ 9799.14
https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=97&sctn=99&subsctn=14

Does the state use risk assessment when assigning tiers or levels to registrants?

Pennsylvania uses a risk assessment to determine if the convicted person is a Sexually Violent Predator (SVP).
§ 9799.24
https://www.legis.state.pa.us/cfdocs/legis/pn/public/btCheck.cfm?txtType=HTM&sessYr=2017&sessInd=0&billBody=H&billTyp=B&billnbr=1952&pn=3543
§ 9799.58
https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=97&sctn=99&subsctn=58
Sexual Offenders Assessment Board
https://www.soab.pa.gov/ForTreatmentProviders/SOAB%20Assessment%20Standards/Pages/default.aspx

Do any registrants remain privately registered? If so, who?

Is there a registration fee?

Are there special restrictions for registrants even after supervision?

Anyone who is on Tier II or Tier III, even after supervision, are never allowed to be with a minor child unless the child’s parent or guardian is present. There are no legal consequences for the person on the registry, but there can be (and have been) severe consequences for the parent/guardian of the child left alone with someone who is registered as Tier II or Tier III, as well as the child(ren).
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/23/00.063..HTM
Public notification 42 PA. C.S.A. § 9798
https://www.legis.state.pa.us/WU01/LI/LI/US/PDF/1995/1/0024..PDF
https://www.legis.state.pa.us/cfdocs/legis/LI/uconsCheck.cfm?txtType=HTM&yr=2018&sessInd=0&smthLwInd=0&act=0010

Is there a process for removal from the registry? If so, who qualifies and what is the process?

Removal for juveniles
§ 9799.17. Termination of period of registration for juvenile offenders
Removal for Subchapter H
§ 9799.15. Period of registration
Removal for Subchapter I
§ 9799.59. Exemption from certain notifications

What is the registration requirement for someone with a sexual offense who is visiting the state?

Cannot find statute. This site says within 48 hours.
http://www.pacwrc.pitt.edu/Curriculum/203_Ovrvw%20of%20CSA/Appendices/App1a_MegansLawFAQs.pdf
This site says within three business days.
https://www.pameganslaw.state.pa.us/InformationalPages/FAQ#OUT
42 PA C.S.A. Chapter 97 Subchapter “H” lists the definition of “temporary lodging” as seven or more days:
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.097..HTM

What is the registration requirement for someone with a sexual offense who will be moving to the state to live or to attend school?

42 Pa.C.S § 9799.32(1) says within 48 hours
http://www.pacwrc.pitt.edu/Curriculum/203_Ovrvw%20of%20CSA/Appendices/App1a_MegansLawFAQs.pdf
This site says within three business days.
https://www.pameganslaw.state.pa.us/InformationalPages/FAQ#OUT
42 PA C.S.A. Chapter 97 Subchapter “H” also has a definition of “student.”
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/42/00.097..HTM

State Laws Regarding Sexual Offenses and Offenders, other than registration

What sexual offenses can people be convicted of, and what are the ranges of sentences?

18 Pa. C.S. §3121, 18 Pa. C.S. §3121(a)(1)-(5), 18 Pa. C.S. §3125 (a)(1)-(6), 18 Pa. C.S. §3121 ©and (d), 42 Pa. C.S. §9718.2
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.031..HTM