Lifetime Registration for Sex Offenders Limited to Recidivists

The lifetime sex offender registration requirement that applies to persons convicted of “two or more” sex offenses does not apply to offenders who have multiple charges in their first prosecution

A.S. v. Pa. State Police, 2016 BL 263364, Pa., No. 24 MAP 2014, 8/15/16

Commonwealth v. Lutz-Morrison, 2016 BL 263370, Pa., No. 28 MAP 2015, 8/15/16.

   The Pennsylvania Supreme Court clarified the state’s rule that places a sex offender on a lifetime registry for committing two or more sex offenses, now only requiring sex offenders who have been prosecuted two or more times to be placed on the registry. Before, state police were requiring first-time sex offenders with multiple charges to register with the lifetime sex offender registry in the state.

   The court found that the lifetime registration should be reserved for repeat offenders who have failed to reform themselves, while first-time offenders and those who commit less serious crimes can still have a chance through rehabilitation. The court further held that the structure of the schemes, with the graduated tiers of registration requirements, reveal that the legislature had a “recidivist philosophy” in mind.

http://www.bloomberglaw.com/public/document/AS_v_Pa_State_Police_No_24_MAP_2014_2016_BL_263364_Pa_Aug_15_2016.

http://www.bloomberglaw.com/public/document/Commonwealth_v_LutzMorrison_No_28_MAP_2015_2016_BL_263370_Pa_Aug_.