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 be subject to laws and related policies that don’t work.
“The fact that people can and do change is an important cornerstone of our society,” said PARSOL Advocates Chair Randall Hayes. “Prevention, treatment, and healing are possible. We take a person-first approach to criminal justice reform that cultivates a fair and just society, honors inherent dignity and promotes respect and fairness. Unfortunately, today’s decision goes against this shared value.”
In a split decision, the Supreme Court of Pennsylvania today found that Torsileri “failed to meet his burden to establish that Subchapter H’s irrebuttable presumption that sex offenders pose a high risk of reoffense is constitutionally infirm.”
The opinion, authored by Chief Justice Debra Todd and supported by Justices Dougherty, Mundy, and Brobson, continues, “Furthermore, we conclude that Appellee failed to meet his burden in demonstrating that Subchapter H constitutes criminal punishment. Accordingly, we reject his subsidiary constitutional challenges.”
In one of two dissenting opinions, Justice Christine Donahue concluded that Torsilieri did indeed meet the “high burden of proving that SORNA’s irrebuttable presumption is unconstitutional… that Subchapter H’s registration and reporting requirements for Tier III offenders are punitive and, therefore, unconstitutional under Apprendi.” Justice Wecht filed a split opinion.
“Decades of research states that sex offense registries are not only ineffective, but the damage they cause to individuals’ reputations is also known to increase the likelihood of re-offense,” added licensed professional counselor Theresa Robertson, Ph.D., chair of the PARSOL Advisory Board. “The fact that the Supreme Court majority ignores these facts is disingenuous.”
“The court reached what is clearly a results-oriented outcome, ignoring the clear facts that SORNA is excessive, unfair, and fails to do anything to make society safer,” added Aaron Marcus, Esq. of the Defenders Association of Philadelphia, the lead attorney representing Mr. Torsilieri. “We are extremely disappointed.”
“Today’s court decision is distressing, but tens of thousands of Pennsylvanians impacted by the direct and collateral consequences of the ‘sex offender’ registry know the truth – It is a failed, irrational law with unending collateral consequences,” added Hayes. “We will continue fighting for rational laws that ensure a fair, safe, and just Pennsylvania for all. Resources can be found at PARSOL.org.”
Supreme Court Opinion Links
- Majority Opinion by Chief Justice Todd
- Concurring Opinion by Justice Mundy
- Concurring and Dissenting Opinion by Justice Wecht
- Dissenting Opinion by Justice Donahue
Background
George Torsilieri was convicted of aggravated indecent assault in 2017 and classified as Tier III under Pennsylvania’s Sexual Offender Registration and Notification Act (SORNA), requiring lifetime registration. Mr. Torsilieri challenged this classification, arguing that the law’s presumption that all sexual offenders pose a high risk of reoffending is unconstitutional. The Chester County Court agreed and declared SORNA unconstitutional. The commonwealth then appealed to the Supreme Court of Pennsylvania (SCOPA).
Supreme Court Decision: On May 31, 2024, the SCOPA reversed the trial court’s decision. They concluded that SORNA’s registration and notification requirements were valid and that the presumption that sexual offenders pose a high risk of committing additional offenses did not violate due process. They also ruled that these requirements were not punitive and did not infringe upon constitutional rights.
About PARSOL
The Pennsylvania Association for Rational Sexual Offense Laws (PARSOL) is committed to advocating for rational, evidence-based laws and policies related to sexual offenses. PARSOL aims to promote fairness, justice, and public safety while protecting the rights and dignity of all individuals affected by sexual offense laws in Pennsylvania.
