Megan’s Law Issues West Chester

There are four federal acts named after the victims of violent and/or sexual assaults. The first is named after Adam Walsh, age 6, who disappeared in 1981 and was found dead sixteen days later, the second is named after Jacob Wetterling, age 11, who disappeared in 1989 and was never found, the third was named after Pam Lychner, who was brutally attacked in 1990, and the fourth after Megan Kanka, age 7, who accepted an invitation from a neighbor in Hamilton Township, New Jersey, to see his puppy.

That neighbor was a twice-convicted pedophile who raped and murdered Megan, dumping her body in a nearby park. Congress passed the Federal version of Megan’s Law in 1996. Megan’s Law requires states to establish registration programs so local law enforcement can keep tabs on sexual offenders released into their jurisdiction, and so the public can find out about sexual offenders who live in their neighborhood.

Tier Classifications Under Megan’s Law

Megans Law west chester

Pennsylvania Governor Tom Ridge signed Megan’s Law in 1995, and it took effect in April 1996. The legislation was intended to identify sexual offenders who were predators, allowing the courts to impose lifetime registration mandates on such offenders, to register sex offenders and sexually violent predators with the Pennsylvania State Police, and to notify neighborhoods when a sexually violent predator moved into the community. In 2004, significant changes were made to Megan’s Law, most importantly making information on all registered sex offenders available to the public on the Internet. Under Megan’s Law, the following “Tier” classifications exist:

Tier I sexual offenses require the offender to register for 15 years, and include the crimes of Luring a Child into a Motor Vehicle or Structure, Institutional Sexual Assault, Indecent Sexual Assault, Video Voyeurism, Invasion of Privacy, and Sexual Abuse of Children. Tier II sexual offenses require the offender to register for 25 years, and include the crimes of Trafficking in Individuals, Statutory Sexual Assault, Prostitution and related offenses, Unlawful Contact with a Minor, Sexual Exploitation of Children, and Production of Sexually Explicit Depictions of a Minor. Tier III sexual offenses require the offender to register for the remainder of his or her life, and include the crimes of Rape, Statutory Sexual Assault, Aggravated Indecent Assault, and Sexual Abuse. (This is not a complete list of the criminal offenses which fall under each Tier).

Sexually Violent Delinquent Child and Sexually Violent Predator

As of December 2014, Juvenile offenders are no longer required to register as a sex offender in the state of Pennsylvania, unless they are classified as a Sexually Violent Delinquent Child. A Sexually Violent Delinquent Child is a minor who commits an act of sexual violence, and that act, if committed by an adult offender, would have resulted in a conviction of: rape, involuntary deviate sexual intercourse, sexual assault, indecent assault, aggravated indecent assault or incest.

The minor must have been deemed by the court to require treatment, and will be labeled as a Sexually Violent Delinquent Child. A minor deemed a Sexually Violent Delinquent Child will be required to register as a sex offender for his or her lifetime. An adult individual who has been convicted of a sexual offense, whether a Tier I, II, or II, and is deemed to be a Sexually Violent Predator, must also register as a sex offender for his or her lifetime.

Reporting Requirements

Tier I offenders must report, in person, to the Pennsylvania State Police Approved Registration or Verification Site once a year, Tier II offenders are required to report every six months, Tier III offenders must report every three months, Transient offendres must report monthly, A Sexually Violent Delinquent Child must report every three months, and a Sexually Violent Predator must report every three months. Offenders who fail to appear in person at the Approved Registration Site are subject to prosecution. The offender must also appear within three business days if any of the following occur:

· The offender changes his or her name;

· The offender changes his or her place of residence;

· The offender fails to maintain a residence and becomes a transient;

· The offender starts a new job;

· The offender changes jobs;

· The offender quits or is terminated from his or her job;

· The offender enrolls as a student;

· The offender terminates enrollment as a student;

· The offender obtains a new telephone number;

· The offender changes his or her telephone number;

· The offender terminates his or her telephone number;

· The offender buys a vehicle;

· The offender changes vehicles;

· The offender sells his or her vehicle;

· The offender obtains temporary lodging or terminates temporary lodging;

· The offender obtains an e-mail address or changes an e-mail address, or

· The offender changes information related to professional or occupational licensing.

Notification Requirements for Transient Sexually Violent Predators or a Sexually Violent Delinquent Child

In the case of a transient Sexually Violent Predator or a transient Sexually Violent Delinquent Child, law enforcement must notify neighbors around the area where the person maintains a temporary habitat or a homeless shelter where the person resides as well as: the president of each college located within 1,000 feet of the offender’s temporary habitat, homeless shelter, park, etc., the licensee of each daycare, preschool program or family daycare in the area, the director of the County Children and Youth Service Agency and the Superintendent of each school district for public, private and parochial schools located within a one-mile radius of the transient or homeless offender’s “residence.”

Under Megan’s Law, members of the public can search the Internet for registered sex offenders living in their area. The information available includes the offender’s name, year of birth, street address, school the offender is enrolled in, place of employment, photograph of the offender, physical description with identifying marks such as tattoos or scars, the license plate number and description of the offender’s vehicle, description of the offense, date of conviction, and, when possible, a map of where the offender lives.

Pennsylvania Megan’s Law Information Center

Sex Offender Tiers Under Megan’s Law

In Pennsylvania, people convicted of certain sex offenses are required to register as sex offenders. Each sex offense is assigned to a specific tier, and the length of time that a person is required to register depends on the tier he or she was assigned to.

Tier I sex offenses require offenders to register for 15 years. A person will be classified as a Tier I offender if he or she was convicted of any of the following offenses:

Coercion and Enticement — 18 U.S.C. § 2422(a);
Corruption of Minors — 18 Pa.C.S. § 6301(a)(1)(ii);
False Imprisonment — 18 Pa.C.S. § 2903(b);
Filing Factual Statement About Alien Individual — 18 U.S.C. § 2424;
Indecent Assault — 18 Pa.C.S. § 3126(a)(1);
Institutional Sexual Assault — 18 Pa.C.S. § 3124.2(a);
Interference with Custody of Children — 18 Pa.C.S. § 2904;
Invasion of Privacy — 18 Pa.C.S. § 7507.1;
Luring a Child into a Motor Vehicle or Structure — 18 Pa.C.S. § 2910;
Certain Activities Relating to Material Constituting or Containing Child Pornography — 18 U.S.C. § 2252A;
Misleading Domain Names on the Internet — 18 U.S.C. § 2252B;
Misleading Words or Digital Images on the Internet — 18 U.S.C. § 2252C;
Sexual Abuse of Children — 18 Pa.C.S. § 6312(d);
Certain Activities Relating to Material Involving the Sexual Exploitation of Minors — 18 U.S.C. § 2252(a)(4);
Transportation of Minors — 18 U.S.C. § 2423(b) and (c);
Unlawful Restraint — 18 Pa.C.S. § 2902(b);
Use of Interstate Facilities to Transmit Information About a Minor — 18 U.S.C. § 2425; or
Video Voyeurism — 18 U.S.C. § 1801.

A person will also be classified as a Tier I offender for a conviction or court martial of a comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of the Commonwealth, a conviction of an attempt, conspiracy, or solicitation to commit an offense enumerated under Tier I classification, or a conviction for a sexual offense in another jurisdiction or foreign country that is not set forth in this section, but nevertheless requires registration under a sexual offender statute in the jurisdiction or foreign country.

Tier II sex offenses require offenders to register for 25 years. A person will be classified as a Tier II offender if he or she was convicted of any of the following offenses:

Abusive Sexual Contact — 18 U.S.C. § 2244;
Certain Activities Relating to Material Involving the Sexual Exploitation of Minors — 18 U.S.C. § 2252(a)(1), (2) or (3);
Coercion and Enticement — 18 U.S.C. § 2422(b);
Obscene and Other Sexual Materials and Performances — 18 Pa.C.S. § 5903(a)(3)(ii), (4)(ii), (5)(ii) or (6);
Production of Sexually Explicit Depictions of a Minor for Importation into the United States — 18 U.S.C. § 2260;
Prostitution and Related Offenses — 18 Pa.C.S. § 5902(b.1);
Selling or Buying of Children — 18 U.S.C. § 2251A;
Sex Trafficking of Children by Force, Fraud, or Coercion — 18 U.S.C. § 1591;
Sexual Abuse of a Minor — 18 Pa.C.S. § 6312(b) and (c);
Sexual Abuse of a Minor or Ward — 18 U.S.C. § 2243;
Sexual Exploitation of Children — 18 Pa.C.S. § 6320;
Sexual Exploitation of Children — 18 U.S.C. § 2251;
Statutory Sexual Assault — 18 Pa.C.S. § 3122.1(a)(2);
Transportation Generally — 18 U.S.C. § 2421;
Transportation of Minors — 18 U.S.C. § 2423(a); or
Unlawful Contact with a Minor — 18 Pa.C.S. § 6318.

A person will also be classified as a Tier II offender for a conviction or court martial of a comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of the Commonwealth, or a conviction of an attempt, conspiracy or solicitation to commit an offense enumerated under Tier II classification.

Tier III sex offenses require offenders to register for life. A person will be classified as a Tier III offender if he or she has two or more convictions of offenses enumerated under Tier I or Tier II classification or was convicted of any of the following offenses:

Abusive Sexual Contact (Where Victim is Under 13 Years of Age) — 18 U.S.C. § 2244;
Aggravated Indecent Assault — 18 Pa.C.S. § 3125;
Aggravated Sexual Abuse — 18 U.S.C. § 2241;
Incest — 18 Pa.C.S. § 4302(b);
Indecent Assault (Where Victim is Under 13 Years of Age) — 18 Pa.C.S. § 3126(a)(7);
Institutional Sexual Assault — 18 Pa.C.S. § 3124.2(a.1);
Involuntary Deviate Sexual Intercourse — 18 Pa.C.S. § 3123;
Kidnapping — 18 Pa.C.S. § 2901(a.1);
Rape — 18 Pa.C.S. § 3121;
Sexual Abuse — 18 U.S.C. § 2242;
Sexual Assault — 18 Pa.C.S. § 3124.1; or
Statutory Sexual Assault — 18 Pa.C.S. § 3122.1(b).

A person will also be classified as a Tier II offender for a conviction or court martial of a comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of the Commonwealth, a conviction of an attempt, conspiracy or solicitation to commit an offense enumerated under Tier III classification, or two or more convictions of offenses enumerated under Tier I or Tier II classification.

Offender Requirements Under Megan’s Law

Registering as a sex offender is not simply a one-time event. People required to register as sex offenders must regularly appear in person at an approved registration site to verify or update their information,

The frequency with which offenders must make these appearances depends on their assigned Tier classification. Appearances are required as follows:

Tier I Offenders — Required to register in person annually.
Tier II Offenders — Required to register in person every six months.
Tier III Offenders — Required to register in person every three months.
Transient Offenders (No Permanent Address) — Required to register in person every month.
Sexually Violent Delinquent Child — Required to register in person every three months.
Sexually Violent Predator — Required to register in person every three months.

In addition to regular reporting requirements, all sex offenders—regardless of Tier classification—are required to register any change of or additional information in person at an approved registration site within three business days of the change or addition. This requirement applies to informational changes relating to any of the following:

Email address, instant message address, or any other designations used in internet communications or postings;
Employment;
Enrollment as a student;
Motor vehicle owned or operated, including watercraft or aircraft;
Name, including an alias;
Occupational and/or professional licensing;
Residence;
Telephone number; and
Temporary lodging.

Penalties for Failure to Comply with Megan’s Law

Refusal to comply with Megan’ Law or providing inaccurate information can lead to extremely serious criminal charges. Regardless of a person’s Tier classification, this is a felony offense that can lead to several years of additional incarceration.

If a sexual offender refuses to comply with Megan’s Law, he or she will be charged as follows:

Tier I Offenders — Third-degree felony;
Tier II Offenders — Second-degree felony;
Tier III Offenders — Second-degree felony;
Sexually Violent Delinquent Child — Second-degree felony; or
Sexually Violent Predator — Second-degree felony.

If a sexual offender provides inaccurate information when he or she registers, updates, or verifies his or her information, he or she will be charged as follows:

Tier I Offenders — Second-degree felony;
Tier II Offenders — First-degree felony;
Tier III Offenders — First-degree felony;
Sexually Violent Delinquent Child — First-degree felony; or
Sexually Violent Predator — First-degree felony.

Pennsylvania Resources for Megan’s Law

Pennsylvania State Police Megan’s Law Website — This website established by the State Police provides information on registered sex offenders who reside, attend school, and/or are employed within the Commonwealth of Pennsylvania. You can learn more about the history of the law, get details about registration, and find answers to many frequently asked questions. You can also search offenders, get email notifications, and find a count of registrants by residence, employment, school, and county.

Bureau of Justice Assistance (BJA) Center for Program Evaluation and Performance Measurement — The BJA is one of the Office of Justice Programs in the United States Department of Justice (DOJ). This section of the BJA website is dedicated to sex offender programs and strategies. It covers sex offender treatment, sex offender laws, and links to publications about sex offender evaluations.

Perils of Registering Youth Who Commit Sex Offenses — This publication contains research conducted by the National Juvenile Justice Network (NJJN) regarding the effectiveness of including youths on public sex offender registries. It discusses how registration and notification offer no clear public safety benefits, creating and maintaining registries is expensive, and registration harms youth and their families. The paper examines how collateral consequences of registration and notification cause psychological harm, prevent youths from participating in school and work, negatively impacts the families of youth who offend, and places youths at risk of victimization.

The Importance of Protecting Your Rights

If you are facing charges that fall under Megan’s Law, it is critical that you work with an attorney committed to providing you with exceptional legal support. Our firm has experienced criminal defense attorneys who are not afraid to go up against the most challenging of legal teams and prosecutors. We know what it takes to win our clients’ cases.

Criminal defense lawyers are critical in a legal matter like this. Even in situations where there is ample evidence, these cases can become out of hand quickly. You may find that it is impossible for you to get a fair trial if your charges have been brought into the newsroom. You may find that the judge or jury is not being fair to you either.

There is so much on the line in these cases. You simply cannot afford not to have the most trusted and respected attorney by your side. With the help of our criminal defense attorneys, you can be confident that you have the support you need in this very challenging time.

How We Defend Against Megan’s Law Charges

Our legal team recognizes the sheer complexity of a charge that falls into line with Megan’s Law. While you may be facing a significant charge that could make it hard for you to have your case discharged, we will defend you with the intention of that occurring. If we cannot prove you did not commit the crime, we will do everything we can to reduce the consequences in your case.

The legal defense strategies we recommend to our clients will always be based on the specific details of your case. Some of the defense strategies we may recommend, depending on the specifics of your situation, include:

Challenging the accuracy of forensic evidence being used in your case. If we can prove that the DNA obtained, for example, was not improperly or that it cannot be relied upon for being accurate, that can help your case.
Consider the source of the accusations. Another strategy that may apply in some cases is understanding the source of the allegations and accusations and why they may be trying to hurt you. We will look for holes in their story that support your case.
Navigate child witness statements carefully. Child witness statements in sex crimes cases are complicated elements of defense cases because the child may not remember details or may have trouble understanding questions. If a child is going to testify against you, our goal is not to damage them in any way but to show that they are not a reliable resource.
Suppress evidence in any way possible. Every bit of evidence in the case against you will be carefully considered. Our goal is to ensure that we have the very best insight into how accurate that evidence is and if it was obtained and maintained properly.
Use a polygraph to your advantage. There are many situations in which a polygraph test can prove the opposite of what the court desires. We can use the results of your test as a way to prove your innocence or shed enough doubt on it that you cannot be proven guilty.

These are some, but not all, of the legal defense strategies that may apply in your situation. When you are faced with these charges, the sooner you contact our legal team, the better. It gives us more time to work on your case and build a strong outcome for your future.

Our Experience as Sex Crimes Attorneys Matters

As you prepare for the fight of your life, you need the most trusted advocate by your side to help and support you through these days and weeks. Our West Chester sex crimes lawyers know what is on the line, and we fight with passion to ensure your rights are fully protected. There are several reasons why you need our legal team to be in your corner.

Dedicated Criminal Defense Attorneys

We built our career on helping to support the needs of those charged with crimes. We believe in our clients and it shows thanks to the good work we do. You will not find an attorney more dedicated to you than us.

Proven Results

When you meet with our criminal defense attorneys, ask us about cases like your own that we have tried in the past. Our attorneys are more than willing to share insight with you on what we have done to support other clients. Our goal is always full acquittal, and we have helped many people wrongly accused of these crimes to get the legal guidance they need.

We Are Knowledgeable Professionals

We pride ourselves on being very knowledgeable professionals. This is not a simple process, and your case will likely have numerous challenges for you to face in the years to come. Yet, our knowledge is there to work for you:

We attend the hearings and ensure you know what is being presented.
We provide you with clear guidance on the legal obligations the court has to you. We want to make sure your rights remain protected.
You can trust us to develop a strong legal defense strategy that is customized to fit your needs.
We are here for you. When you are facing accusations like these, you need immediate help. We are available 24 hours a day to answer your questions and help you learn what to do and what not to do.
Our team has built a strong reputation for being aggressive, hard-working lawyers committed to our clients. This helps us to prove that you will receive comprehensive legal guidance at the highest level possible.

Megan’s Law matters are some of the most challenging. Even though you may be one of the most challenging legal matters, we fight hard for you with the goal of winning your case.

When you call on the Ciccarelli Law Offices for help, you always get it. You always get support, guidance, and a trusted attorney who is ready to help

Find a Lawyer for Megan’s Law Issues in West Chester

Are you facing criminal charges that may require you to register as a sex offender or are you already subject to these requirements? Have you been charged with failing to comply with Megan’s Law requirements?

Ciccarelli Law Offices helps clients throughout Southeastern Pennsylvania with these kinds of issues, and our firm has offices in West Chester, Plymouth Square, King of Prussia, Malvern, Kennett Square, Radnor, Lancaster, and Philadelphia. You can have our Chester County sex offense attorneys review your case by calling (610) 692-8700 right now to set up a free, confidential consultation.

If you have more questions concerning Megan’s Law, a Pennsylvania criminal defense attorney can help find the answers for you.

The criminal defense attorneys in West Chester at Ciccarelli Law Offices have successfully represented individuals throughout the state of Pennsylvania who have been accused of sexual assault crimes. Our Chester County-based law firm is based at 304 North High Street, West Chester PA 19380 and serves clients in Kennett Square, Downingtown, West Chester, Coatesville, Exton, Chester Springs, Chadds Ford, Landenberg, Honey Brook, Oxford, Malvern, Parkesburg, Phoenixville and Paoli. Contact us now at (610) 692-8700 or call toll-free (877) 529-2422. Don’t wait—contact an attorney immediately.