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 materials) and criminal use of a communication facility. He challenged the imposition of a mandatory life sentence without parole under 42 Pa.C.S.A. § 9718.2(a)(2), arguing it was grossly disproportionate to his crimes and constituted cruel and unusual punishment under both the U.S. and Pennsylvania Constitutions.
§ 9718.2(a)(2) Sentences for sexual offenders - Mandatory sentence.
Where the person had at the time of the commission of the current [sexual] offense previously been convicted of two or more offenses arising from separate criminal transactions set forth in section 9799.14 or equivalent crimes under the laws of this Commonwealth in effect at the time of the commission of the offense or equivalent crimes in another jurisdiction, the person shall be sentenced to a term of life imprisonment, notwithstanding any other provision of this title or other statute to the contrary. Proof that the offender received notice of or otherwise knew or should have known of the penalties under this paragraph shall not be required.It is important to note that Davis is in the small minority (less than 5%) of individuals in this crime class (CSAM) who sexually re-offend following Pennsylvania’s significant tertiary prevention efforts, including anti-recidivism programs supported by the Pennsylvania Sex Offender Assessment Board’s treatment providers. The Pennsylvania Commission on Crime and Delinquency authored a report to the Pennsylvania Task Force on Child Pornography in 2022 that showed a sexual reoffense rate of just 4.3%. Similarly, the Pennsylvania Department of Corrections Recidivism Report (2022) listed sexual offenses as the lowest recidivism category of all crime classes except homicide.
Superior Court Process & Ruling
The court applied the three-prong test from the Supreme Court of the United States (SCOTUS) ruling in Solem v. Helm (1983) to assess whether the sentence was grossly disproportionate. This test examines (1) the gravity of the offense and the harshness of the penalty, (2) sentences imposed on other criminals in the same jurisdiction, and (3) sentences imposed for the same crime in other jurisdictions. The court focused primarily on the first prong, considering Davis’s history of reoffending and the state’s interest in preventing future offenses. His previous convictions for similar crimes in 1987 and 1991 were deemed relevant, as they demonstrated his inability to conform to societal norms regarding child sexual abuse materials.
Davis argued that his sentence was disproportionate because he did not directly abuse minors, had no violent criminal history, and was not involved in the production or sale of child pornography. He also highlighted that his previous offenses occurred decades ago, and he had not been involved in any criminal activity for more than 20 years until his recent convictions. However, the court found that Davis’s distribution of child pornography was not insubstantial criminal conduct, especially given his repeated offenses and lack of demonstrated remorse. The court noted that his actions contributed to the demand for child sexual abuse materials, which is a serious offense that indirectly propagates the sexual abuse and exploitation of children.
The court’s decision aligns with the Supreme Court of the United States (SCOTUS) ruling in Ewing v. California (2003), which upheld the constitutionality of enhanced sentences for repeat offenders based on legitimate penological goals. The Pa. Superior Court concluded that Davis’s sentence was not grossly disproportionate, given his history of reoffense and the state’s interest in preventing future offenses. The court emphasized that successful Eighth Amendment challenges to recidivist sentencing statutes are rare, as seen in Baker v. Commonwealth (2013), where the Supreme Court of Pennsylvania (SCOPA) upheld a mandatory sentence for possession of child sexual abuse materials.
PARSOL’s Perspective
From PARSOL’s perspective, the implications of this ruling are concerning. We argue that these stringent penalties fail to address the underlying causes of sexual reoffending and do not provide sufficient opportunities for rehabilitation.
While the court’s decision purportedly aims to balance the state’s penological goals with constitutional safeguards against cruel and unusual punishment, PARSOL advocates for evidence-based policies prioritizing rehabilitation and community safety. Such an approach would focus on addressing the root causes of sexual re-offending and dependency, ensuring that sentences are proportionate to the offense rather than solely relying on enhanced penalties for repeat offenders. This perspective emphasizes the need for a more nuanced approach to sentencing that considers the public and an individual’s rehabilitation.
The Pennsylvania Superior Court’s decision in Commonwealth v. Davis highlights the challenges around mandatory sentencing laws, particularly when a defendant’s history supports the state’s interest in enhanced penalties. The case contributes to ongoing legal debates about proportionality, recidivism, and the application of mandatory sentencing laws, emphasizing that only extreme sentences that are grossly disproportionate to the crime will be deemed unconstitutional.
PARSOL believes that all sexual harm is unacceptable, including the propagation of materials that exploit minors and others incapable of providing consent. PARSOL also believes the use of evidence-based models of rehabilitation such as the Risk-Needs-Responsivity model, the Good Lives Model for Offender Rehabilitation, Circles of Support and Accountability, and Restorative Circles methodologies. These beliefs are not exclusive of each other. We encourage the General Assembly and the criminal legal system to utilize evidence-based resources and research to determine proportional and fair sentencing.
PARSOL Policy Director John Dawe contributed to this article.
