Article by PARSOL's Jerry....
Panel of PA Superior Court justices rule 3-0 that an internet sex offender registry is unconstitutional
In a ruling handed down by justices Bender, Dubow, and Ford Elliot of the PA Superior Court in the case of Commonwealth v. Lee Andrew Moore, at issue was whether Acts 10 and 29 (SORNA II) of 2018 requiring the Pennsylvania State Police to disseminate information regarding a sex offender on an internet website for public access violates the PA Constitution because it is akin to punishment, it negatively affects the defendant’s reputation, and is excessive regarding the PA General Assembly’s remedial intentions. The case involved Defendant (appellant) Moore, who was sentenced to 5 ½ to 17 years of incarceration, and upon his release from prison would have to register as a sex offender for life.
The decision of the three-justice panel written by Justice Dubow is that the subchapters in SORNA II requiring the Pennsylvania State Police to publish sex offender information via an internet web page is punitive. Because the dissemination of sex offender registration via the internet is not limited to only people who could benefit from it and is accessible by anyone who has internet access, the website is contradictory with the purpose of protecting a community or a neighborhood. A person outside of the immediate neighborhood or community is not in proximity to the registrant, thus the website information goes beyond the legislative purpose of protecting people who may encounter the offender.
The Commonwealth has 30 days from the publication of this decision, which was October 23, 2019, to file an appeal.