(Download) "Commonwealth v. Killinger" by In the Supreme Court of Pennsylvania Middle District ~ Book PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Killinger
- Author : In the Supreme Court of Pennsylvania Middle District
- Release Date : January 27, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
We are asked to revisit Pennsylvanias Registration of Sexual Offenders Act (hereinafter, "Megans Law II" or the "Act") to determine whether a subsection of the Acts sanction provision violates the due process clause of the Fourteenth Amendment to the United States Constitution. In Commonwealth v. Williams, 832 A.2d 962 (Pa. 2003) (Williams II), this Court held that the Acts registration, notification, and counseling requirements, applicable to sex offenders deemed "sexually violent predators" (SVP), passed constitutional muster. Conversely, in Williams II, we found unconstitutional the mandatory lifetime sanction imposed by the Act, 42 Pa.C.S. 9795.2(d)(2) (repealed), upon SVP offenders who failed to comply with those provisions. In resolving this question, we expressly held for another day the question now before us: Whether the milder sanction imposed upon non-SVP offenders who fail to comply with the Acts registration provisions, 42 Pa.C.S. 9795.2(d)(1) (repealed), is unconstitutional. We now hold these sanctions constitutional. Thus, we reverse the trial courts contrary ruling.