The Bill Cosby trial is over in Montgomery County, Pennsylvania, and the outcome of the criminal prosecution will be told in September when the Philadelphia native learns his fate. Will he be labeled a Pennsylvania sex offender and be forced into the internet registry for registered sex offenders or jail and then should he get out, then registered?
Cosby stands convicted as a sex offender.
A favorite son from Philadelphia, Pennsylvania where many people across the State of Pennsylvania and to many people that were raised during the 1950s through the 1990s were stunned to learn the "Cosby news"; Bill Cosby is a three-time convicted, sexually violent predator, that will end up on the sex offender registry. The question now is will that registration be for the sex offender registration section of the Megan’s Law Website or the or the sexually violent predator registration which carries severe problems and stricter requirements for Cosby.
The Pennsylvania State Police in Harrisburg as required by a law known as Act 10, must maintain a registry of sexual offenders. The Law was enacted in January 2018 by the Pennsylvania General Assembly and signed into Law by the current Governor Tom Wolf. This internet website is known as the Pennsylvania Megan’s Law Website managed by the PA State Police. All sex offenders are required to log in to the Megan's Law website and fulfill the requirements of the Pennsylvania Sex Offender Registration and Notification Act.
What to know about Megan's Law PA
- The law was written for public protection.
- The law was enacted after the Pennsylvania Supreme Court ruled that the law in effect at the time was unconstitutional as it required minors to register based on the SORNA which is the Sex Offenders Registration and Notifications Act. Public Law 109-248 which is Title 1 of the Adam Walsh Child Protection and Safety Act of 2006 and was followed by the State of Pennsylvania.
- Public safety was a significant factor allowing for providing a comprehensive listing of all sex offenders who reside in Pennsylvania. SORNA was used to provide a comprehensive set of minimal standards for sex offender registration and notification in the United States of America,
- Public access is available where citizens can search the Megan's Law Website for those convicted of sex crimes living near their current residence, family members homes or anywhere in the State of Pennsylvania. One of the primary search strings for Pennsylvania Megan's Law is "megans law PA."
- The registration information lists specific crimes, and whether you are in the Montgomery County zip codes or the Cumberland County zip codes, the information is formatted the same.
- All Sexual offenders or sexually violent predators convicted of a sex crime must register.
- There are three types of Registration based on the crime committed and the law that they were convicted of breaking.
A.) Tier 1 - Offender which carries a 15-year registration and notification period.
B.) Tier 2 - Offender carries a 25-year registration and notification period. This section is for offenders that were convicted before December 20, 2012.
C.) Tier 3 - Offender carries a lifetime registration
Sexually Violent Predator is another Tier 3 category that has very strict guidelines for offender registration, reporting, and notifications. This is the worst case that Cosby faces,
- Those convicted of sex crimes that are registered sex offenders for committing a sex offense(s) have had their properly executed fingerprints digitalized and along with their fingerprint cards have had positive identification including photographs to meet the registration requirements information contained in the Sexual Offender Registry.
- After the Pennsylvania General Assembly including the Senate passed the bill, the new law was signed by Governor Wolf in early 2018. Challenges along the way are expected to go all the way to the State Supreme Court. But for now, you can find all the information that you are looking for on the Megan's Law.
- Currently, the Pennsylvania State Police will not share nor provide does not provide information on certain Sexually Violent Predators, Sexually Violent Delinquent Children, or sexual offenders who are currently in state prison for a sexual offense.
- The Pennsylvania State Police will provide information covering previously registered Sexually Violent Predators, Sexually Violent Delinquent Children or sexual offenders who are re-incarcerated for a parole or probation violation or a new crime.
- The registry will not include any civil liability that may be outstanding.
- Those found guilty of indecent assault are required to register.
The findings of the Pennsylvania Sexual Offenders Assessment Board after an April 2018 hearing could change things significantly. Cosby is hoping that the evaluation completed by the assessment board will help him with his goal of house arrests in his suburban Philadelphia home. Cosby known as a comedian and artist could end up by being classified as more than a general threat to the public. He may soon be registering as sex offender and perpetrator that is seek monthly treatment sessions. Recently, the Montgomery County District Attorney's Office requested a special hearing on the official examination to determine whether the Philadelphia comic will be formally classified as sexually abusive, something which can impact his sentencing in Sept. depending on the way the judge rules.
This official evaluation of Cosby was finished following the April 2018 conviction on the drugging and sexual assault of the former Temple University employee Andrea Constand. There is no word on when the judge might make his decision on this issue. Under Pennsylvania state law, not everybody convicted of sexual offenses is categorized as being sexually abusive, it depends upon the specifics of the conviction. Factors the board probably considered in making its evaluation of Cosby: if there were several victims or a history of sexual assault, Cosby's connection with Constand, the character of their sexual contact, and if Cosby went to great lengths to perpetuate the offense.
If Judge Steven O'Neill approves of the examination and Cosby is registered as a sex offender, under Megan's Law will be following a strict process of reporting for the duration of his life. Back in Pennsylvania, the former Television Dad will need to notify the 25 nearest houses and businesses of his standing and set his ongoing compliance during quarterly test ins with the state police.
Cosby fired his legal team this summer and replaced famous lead lawyer Tom Mesereau and replaced him with a local defense attorney. Cosby’s new legal representation specializes in sexual offenses. Cosby is likely to be sentenced in September. His new legal representation could ask for the September date to be pushed out so that they can review all of the facts in the case.
As of now, the Cosby could be sentenced to up to 10 years on each count of which he was found guilty. At Cosby's age of 81, even minimal sentences could lead to life in prison for our favorite comedian!
About Scarpello & LaTour
Right out of the “Prosecution Squad” of the Philadelphia District Attorneys came Josh Scarpello and Pierre Latour. For five years these two aggressive, bright lawyers were prosecuting DUI, drug offenses, gun charges, sex crimes. They were winning their cases and gaining trial experience like most attorneys only wish to have. Both Scarpello and Latour agreed that the accused didn’t always receive the best representation. After hundreds of court trials and a combined 40 years of trial experience, these two shining-stars decided to set up shop and help those accused of crimes.
If you want the best defense attorney available, you should meet with the law firm of Scarpello & LaTour. These guys can help! CALL TODAY - 215.732.0460.
Reference Materials
SORNA is the Sex Offender Registration and Notification Act. SORNA is Title I of the Adam Walsh Child Protection and Safety Act of 2006. Generally known as Public Law 109-248, SORNA lists the most comprehensive minimum standards in the United States of America provides a comprehensive set of minimum standards for sex offender registration and notification in the United States.
Megan’s Law Pennsylvania - Registration Details
The following is taken directly from the Megan’ Law Website https://www.pameganslaw.state.pa.us/InformationalPages/Registration
Sexually Violent Delinquent Child
A child who has been found to be delinquent for an act of sexual violence which if committed by an adult would be a violation of 18 Pa.C.S. § 3121 (relating to rape), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault), 3125 (relating to aggravated indecent assault), 3126 (relating to indecent assault) or 4302 (relating to incest)and who has been determined by the Court to be in need of commitment for involuntary treatment
- A Sexually Violent Delinquent Child shall register for life.
Sexually Violent Predator
An individual convicted of a Tier I sexual offense, a Tier II sexual offense, or a Tier III sexual offense who is determined to be a Sexually Violent Predator by the Court. The term also includes an individual determined to be a Sexually Violent Predator or a similar designation where the determination occurred in another jurisdiction, a foreign country or by court martial following a judicial or administrative determination pursuant to a process similar to that of the Commonwealth’s.
● A Sexually Violent Predator shall register for life.
Registration Criteria
The following individuals shall register with the Pennsylvania State Police as a sexual offender:
- An individual meeting the criteria as set forth in 42 Pa. C.S. Chapter 97 and who has a residence within this Commonwealth or is a transient.
- An individual meeting the as set forth in 42 Pa. C.S. Chapter 97 and does not have a residence in this Commonwealth but:
- Is employed in this Commonwealth; or
- Is a student in this Commonwealth.
Reporting Intervals
Individuals required to register as a sexual offender shall appear in-person at an approved Registration or Verification Site according to their assigned Tier or classification:
- Tier I offenders – required to appear annually.
- Tier II offenders – required to appear semiannually (twice a year).
- Tier III offenders – required to appear quarterly (four times a year).
- Ten-year registrant – required to appear annually.
- Lifetime registrant – required to appear annually.
- Transient offenders – required to appear monthly.
- Sexually Violent Delinquent Child – required to appear quarterly (four times a year).
- Sexually Violent Predator– required to appear quarterly (four times a year).
General Registration Requirements
In addition to the periodic in-person reporting interval(s), an individual whose offense was committed on or after December 20, 2012, shall appear in-person at an approved Registration or Verification Site within three business days to provide current information or change(s) relating to:
- A change in name, including an alias.
- A commencement of residence, change in residence, termination of residence or failure to maintain a residence, thus making the individual a transient.
- Commencement of employment, a change in the location or entity in which the individual is employed or a termination of employment.
- Initial enrollment as a student, a change in enrollment as a student or termination as a student.
- An addition or a change in telephone number, including a cell phone number, or a termination of telephone number, including a cell phone number.
- An addition, a change in and termination of a motor vehicle owned or operated by an offender, including watercraft or aircraft. In order to fulfill the requirements of this paragraph, the individual must provide any license plate numbers and registration numbers and other identifiers and an addition to or change in the address of the place the where the vehicle is stored.
- A commencement of temporary lodging, a change in temporary lodging or a termination of temporary lodging. In order to fulfill the requirements of this paragraph, the individual must provide the specific length of time and the dates during which the individual will be temporarily lodged.
- An addition, change in or termination of e-mail address, instant message address or any other designations used in Internet communications or postings.
- An addition, change in or termination of information related to occupational and professional licensing, including type of license held and license number.
Failure to appear in-person within three business days to report any of these changes could result in criminal prosecution under 18 Pa. C.S. § 4915.1.
An individual whose offense was committed before December 20, 2012 has the option of notifying the Pennsylvania State Police of a change to the following information via mail in lieu of an in-person appearance at an approved registration site:
- A commencement of residence, change in residence, termination of residence or failure to maintain a residence, thus making the individual a transient.
- Commencement of employment, a change in the location or entity in which the individual is employed or a termination of employment.
- Initial enrollment as a student, a change in enrollment as a student or termination as a student.
Be advised:
- Only individuals whose offense was committed before December 20, 2012 may notify the Pennsylvania State Police of a change to their information via mail. Individuals whose offense was committed on or after December 20, 2012 must continue to appear in-person at an approved registration site to report a change to their information.
- If an individual whose offense was committed before December 20, 2012 chooses to notify the Pennsylvania State Police of a change to the information via mail, the updated information must be received by the Pennsylvania State Police Megan’s Law Section within three business days of the change. (Updates which arrive late may result in prosecution under 18 Pa C.S. §4915.2).
- If an individual whose offense was committed before December 20, 2012, chooses to notify the Pennsylvania State Police of a change to the information via mail, the change must be reported using the form provided by the Pennsylvania State Police. Click Here to download the form. Follow the directions carefully. Forms which are completed incorrectly may cause a delay resulting in prosecution under 18 Pa C.S. §4915.2.
- This “mail notification” option does not apply to normally required monthly, quarterly, semi-annual, or annual in-person verifications required under 42 Pa. C.S. §9799.60, but rather to changes in between normally scheduled verifications.
Any offenders who fail to appear in-person at an approved registration site during their required monthly, quarterly, semi-annual, or annual verification, are subject to prosecution under 18 Pa C.S. §4915.1 or § 4915.2.
International Travel
In addition to the periodic in-person appearance required above, an individual whose offense was committed on or after December 20, 2012, shall appear in-person at an approved Registration or Verification Site no less than 21 days in advance of traveling outside of the United States. The individual shall provide the following information:
- Dates of travel, including date of return to the United States.
- Destinations.
- Temporary lodging.