Category: Legal/Court

Superior Court Upholds “Three Strike” Rule – Lifetime Imprisonment for Repeat Offenders

The Pennsylvania Superior Court’s recent (21 Mar 2025) decision in Commonwealth v. Davis (No. 1038 MDA 2023) presents a complex legal issue regarding the constitutionality of mandatory life sentences for repeat offenders convicted of distributing child sexual abuse materials (CSAM).  Background Joseph J. Davis was convicted of two counts each of sexual abuse of children (distribution of child sexual abuse…

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Courts Update: SCOPA Clarifies Mens Rea Requirements in SORNA Registration Cases

The Pennsylvania Supreme Court (SCOPA) recently addressed a critical legal question in the case of Commonwealth v. Roberts, 16 WAP 2023, examining the mens rea requirements for registration violations. Mens rea, meaning “guilty mind” in Latin, refers to the mental state or intent a defendant must have while committing a crime to be held criminally liable. It distinguishes intentional or…

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Analysis & Commentary: SCOPA Torsilieri Decision 5/31/2024

Introduction The long-awaited Commonwealth v. Torsilieri (Pa. 2024) (Torsilieri II) opinion finally dropped on May 31, 2024 – fifty-three weeks after the Supreme Court of Pennsylvania (SCOPA) heard oral arguments. What PARSOL hoped would be a ‘slam dunk’ win after the Chester County Court of Common Pleas decided twice in the defendant’s favor only became a huge disappointment. SCOPA, in…

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PARSOL decries Supreme Court of PA decision in Torsilieri appeal 

HARRISBURG, PA – The Pennsylvania Association for Rational Sexual Offense Laws (PARSOL) decries the Supreme Court of Pennsylvania’s decision to reverse Chester County Judge Allison Bell Royer’s finding in the case of Comm. v. George Torsilieri that Pennsylvania’s Megan’s Law Sex Offender Registration and the  Notification Act (SORNA) are unconstitutional. Mr. Torsilieri and more than 23,000 Pennsylvanians will continue to…

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Statute of Limitation Laws have a purpose

What happens when you suspend legal precedent and standing rules? Destruction and loss. Today, we’re looking at the suspension of certain statute of limitations laws in New Jersey, as Pennsylvania has similar pending legislation under consideration in the Pennsylvania Senate. The Cadets Drum & Bugle Corps Shuts Down due to 40-Year Old Allegation Participants, family members, alumni, and supporters of…

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Legal Case Update: Com. v. McGinnis

The case of Com. v. McGinnis involves the admissibility of expert testimony on false or distorted memories in children who are alleged victims of sexual abuse. The complainant, J.M., disclosed to his mother in 2013 that his father (the defendant) had sexually abused him years prior. J.M. was found competent to testify at trial. The defense sought to introduce expert…

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SCOPA Upholds Superior Court’s Exclusion of Expert Testimony on False Memories

In Commonwealth v. McGinnis, the Supreme Court of Pennsylvania (SCOPA) was asked “whether ‘generic’ false memories expert testimony in a child sexual abuse prosecution, which the defendant is presenting solely to educate jurors about how legitimate and false/distorted memories are and can be created in children, is admissible at trial.”On Dec. 1, SCOPA released their evenly divided opinion. Therefore, affirming…

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PARSOL’s Public Comment to the United States Sentencing Commission

During her confirmation hearings, now Supreme Court Justice Ketanji Brown Jackson and former vice-chair of the USSC commission said, reflecting the Commission’s stance on sexual offenses and sentencing: The statute doesn’t say, “Look only at the guidelines and stop.”The statute doesn’t say, “Impose the highest possible penalty for this sickening and egregious crime.”The statute says, “Calculate the guidelines, but also…

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