Neck declared an ‘Intimate Body Part’ in Latest SCOPA Ruling

WHAT? The neck’s an intimate part of the body? Since when? Since 9/29/22 by the Supreme Court of Pennsylvania in a 5 to 2 ruling on Commonwealth v. Carl Gamby, 62 MAP 2021. They considered “whether the unwanted kissing of a person’s neck constitutes the touching of ‘sexual or other intimate parts’ for purposes of the crime of indecent assault,”…

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Attorneys Challenge Chester County Decision; What Happens Now?

The Pennsylvania Association for Rational Sexual Offense Laws (PARSOL) has learned that attorneys for the Commonwealth of Pennsylvania filed a notice of appeal to the Supreme Court of Pennsylvania (SCOPA) in the case Commonwealth v. Torsilieri. The appeal docket number is 97 MAP 2022. But didn’t SCOPA already send this for review? That’s correct. In June 2020, SCOPA remanded the…

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Update on Commonwealth v. Aumick

As you may recall, I posted an article on February 26th about the Superior Court opinion of Commonwealth v. John Aumick where the Court found that SVP determinations cannot be based simply on allegations and hearsay. Normally I don’t write articles on Superior Court cases for two reasons: 1) an application for en banc (full court) reargument can be filed…

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Newsletter #5, January 2022

Happy New Year from the PARSOL Board of Directors! Thank you for reading our Winter 2022 Newsletter. 2021 has been a busy year advocating for the dignity of Pennsylvanians who are forced to register. Rest assured that 2022 will only be busier. We continually keep a close eye on the legal challenges to PA’s registry that are making their way…

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Another Blow to SORNA I with Failure to Register Conviction Relief

December 22, 2021 has seen the release of many case opinions from the PA Supreme Court (SCOPA) with Commonwealth v. David Santana being the biggest win for our advocacy efforts. In a 5-2 decision, SCOPA affirmed the Superior Court’s opinion that “Mr. Santana’s registration requirement under SORNA was an after-the-fact punishment, and therefore unconstitutional. Accordingly, he had no duty to…

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