Megan’s Law in Pennsylvania is called SORNA (Sexual Offender Registration and Notification Act). It requires persons convicted of certain sexual offenses (convicted in Pennsylvania or somewhere else) to register their address with the Pa. State police. 

It is a 3-tiered system whereby the registration length is determined by the particular offense of conviction. The 3 tiers are 15-year, 25-year, and lifetime registration. The person must continually update the state police with their home address, place of work and other information. Failing to do so can result in a new felony criminal charge, as well as a probation or parole violation.

A person convicted of virtually any sexual offense in Pennsylvania must initially undergo an assessment by the Sexual Offender Assessment Board. This Board makes findings as to whether the person should be deemed a sexually violent predator (SVP) requiring automatic lifetime registration under Megan’s Law. A judge must then review that finding and make the ultimate determination of whether to classify the offender this way. 

Persons classified with the SVP status by the sentencing court are subject to additional obligations under Megan’s Law and notices are sent to schools, daycares and other facilities notifying them of the presence of the convicted sex offender in proximity. For criminal defense lawyers who have seen how devastating Megan’s Law labels can be, the obligations under Megan’s Law feels very much like an additional punishment layered on top of the punishment from the criminal court for the actual offense. However, Megan’s Law has been repeatedly upheld in our appellate courts as being constitutional and is justified under the rationale that it is “regulatory” rather than simply a sentence/punishment (similar to how PennDOT regulates driver licenses). 

It is important to note that none of the above occurs unless the accused person has been convicted of a sexual offense. A conviction occurs when a person has pleaded guilty to a charge or has been found guilty in a court. Charging someone is merely an accusation and does not result in the above unless the person pleads guilty or is found guilty of a sexual offense. 

There are many strategies for how to prevent or minimize Megan’s Law consequences to someone but that strategizing must occur from the very beginning of the case—and often before the person has officially been charged with anything. Therefore, if you have been charged, or are under investigation and possibly facing charges involving sexual offenses, you should obtain a criminal defense attorney immediately.