What Happens if I Fail to Register as a Sex Offender in Pennsylvania?

If you’ve been convicted of a sex crime in Pennsylvania, you are required to register as a sex offender under Megan’s Law. Depending on the type of conviction, you may be required to register annually, every six months, or every 90 days. Failing to register or to update your home and work addresses when you move or change jobs, or providing inaccurate information, can result in a felony conviction and prison time.

Megan’s Law and SORNA

Although Megan's Law requires that the Pennsylvania State Police maintain a sex offender registry to protect the public, there are federal laws that also apply to sex offenders. The Sexual Offender Registration and Notification Act, or SORNA, is a federal law that requires convicted sex offenders to be categorized under three tiers. Tier I offenders are required to register annually for 15 years, Tier II offenders are required to register every six months for 25 years, and Tier III offenders are required to register every 90 days for the rest of their lives.

Photos of offenders and information such as height, weight, birth date, vehicle information, employment information, and home address are published on the Pennsylvania sex offender registry website. It is extraordinarily difficult to game this system, so if you’re required to register, an experienced sex crimes lawyer will advise you that it’s best to comply with all requirements. If the Pennsylvania State Police do not send you a notice or information about registering, you are still required to register, and you can still be arrested if you don’t.

Penalties for Failure to Register

If you are convicted of failure to register, the penalties you face will depend on the circumstances of your original sex crime conviction. Penalties can range from third to first degree felonies, seven years to life in prison, and up to $25,000 in fines.

These are the criminal penalties for failure to register as a first offense – if you have subsequent violations, you may face a longer term of incarceration. Failing to register can also result in a revocation of probation, parole, or conditional release.  

What to Do if You’ve Been Arrested

Even if you’re charged with Failure to Register due to an honest mistake or miscommunication, don’t assume that you won’t be convicted. Regardless of the circumstances, it is always a good idea to contact an experienced criminal defense attorney if you’re facing charges. Do not give a statement, answer questions, or speak to law enforcement officers or prosecutors without your attorney present. A lawyer will fight to protect your rights and may be able to get charges reduced or dismissed.

Whether you’ve been criminally charged or you have been a victim of a crime, you don’t have to go it alone. Our team of defense attorneys, drug crime lawyers, and domestic violence lawyers believe everyone deserves fair, competent legal representation. If you need assistance with a Protection from Abuse order or another legal matter, we’re here for you.

This blog was originally posted on https://pa4law.com/what-happens-if-i-fail-to-register-as-a-sex-offender-in-pennsylvania/

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Understanding Levels of Sex Crimes in PA

The legal consequences and social stigma that come with being accused or convicted of a sex crime can affect all aspects of your life. If you have been accused of a sex crime, it’s important to know exactly what charges you could be facing and which penalties may apply. A criminal defense attorney can help you understand your rights and advise you of the consequences a particular level of sex crime may carry.

Felony Sex Crimes in PA

Generally, rape is defined as forcible sexual intercourse and is a first-degree felony in Pennsylvania. Involuntary deviate sexual intercourse refers to using an object to penetrate another person’s body, and is also a felony in PA. There are many other sex crimes in Pennsylvania that can be charged as felonies, including statutory sexual assault, indecent assault, and institutional sexual assault. Potential penalties include:

• A third-degree felony conviction can result in up to seven years in prison and a fine of up to $15,000
• A second-degree felony conviction can result in up to ten years in prison and up to a $25,000 fine
• A first-degree felony conviction can result in up to 20 years in prison and up to a $25,000 fine

Misdemeanor Sex Crimes in PA

Crimes like indecent exposure, prostitution, solicitation, and lewd conduct are charged as misdemeanors in Pennsylvania, and may result in the following penalties:

• A second-degree misdemeanor conviction can result in two years in jail and up to a $5,000 fine
• A first-degree misdemeanor can result in up to five years in jail and up to a $10,000 fine

Regardless of whether you’re facing felony or misdemeanor charges, it’s critical to seek the counsel of an experienced sex crimes lawyer. Your attorney will ensure your rights are protected and may be able to get charges reduced or dismissed, depending on the specific circumstances surrounding your case.

Megan’s Law Sex Offender Registry

Although some crimes are considered more serious than others, those convicted of sex crimes usually have to register as sex offenders under  PA Megan’s Law and the Sex Offender Registration and Notification Act (SORNA). Depending on the crime, generally, an offender is classified as a Tier I, Tier II, or Tier III offender, although there are other classifications for sexually violent predators and sexually violent delinquent children.

These distinctions are very important, as the length of time someone is required to register depends on their classification. Failing to register is a felony, and can result in prison time and up to $25,000 in fines.

Sex offender registration requirements in Pennsylvania are as follows:

• Tier I – 15 Year Registration
• Tier II – 25 Year Registration
• Tier III – Lifetime Registration
• Sexual Violent Predator – Lifetime Registration
• Sexual Violent Delinquent Child – Lifetime Registration

Juvenile offenders are no longer required to register in Pennsylvania unless they are classified by the Court as a Sexually Violent Delinquent Child.

Whether you have been accused of a crime or you’re a victim of sexual assault, our experienced team of legal professionals can help. Our criminal defense attorneys, domestic violence lawyers, and drug crime lawyers provide exceptional legal representation in all matters of criminal law without judgment. If you’ve been a victim of domestic violence, we can assist you with filing a Protection from Abuse order as well.

This blog was originally posted on https://pa4law.com/understanding-levels-of-sex-crimes-in-pa/

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Why You Need an Attorney If You’ve Been Charged with Violating a PFA

Also known as a restraining order, a Protection From Abuse order (PFA) is intended to protect victims of domestic violence. If you have been charged with a PFA violation, a criminal defense attorney can help you understand and protect your rights and advise you of your options. Whether you believe it is valid or not, it is critical to follow all the requirements of a PFA, which usually prohibits all contact with the person who filed it against you.

Penalties for Violating a PFA in Pennsylvania

Depending on the circumstances, PFA violations can result in jail time, costly fines, and a criminal record. You may be held in contempt of court and the length of time the PFA is in effect may be extended by the court. Being held in contempt of court can have significant consequences, including automatic forfeiture of your right to a jury trial.

If you are found guilty of a PFA violation in Pennsylvania, penalties may include a fine of $300 to $1,000, and up to six months in jail or six months of probation. Any firearms you own can be permanently confiscated. If you committed any other crimes while violating a PFA, you can face additional penalties if you are convicted of those as well.

In Pennsylvania, a PFA violation is considered an "indirect criminal contempt of court,” and can even form the basis of its own criminal charge. Even though a judge will decide your fate instead of a jury, having a domestic violence lawyer represent your interests in court gives you a much better chance of avoiding jail time and other penalties.

How a PFA Violation Conviction Can Affect Other Aspects of Your Life

Violating a PFA can also have an impact on other criminal or civil charges you may be facing. For instance, if you are the subject of a PFA and you are also charged with stalking, if you contact the alleged victim, a prosecutor will likely use the violation to demonstrate that you are continuing the harassment. PFA violations that occur during ongoing child custody or divorce cases can complicate matters and result in a court limiting the custodial rights of the parent accused of violating the PFA.

A criminal conviction of any kind can have far-reaching, long-term repercussions. In addition to  impacting family law issues like child custody, a conviction for a PFA violation may adversely affect employment and housing opportunities and may even result in revocation of any professional licenses you hold. If you’re convicted of a crime like sexual assault, you may be required to register as a sex offender as well. Having an experienced sex crimes lawyer by your side is critical to ensuring your rights are protected. An attorney can negotiate with prosecutors to come to an agreement to have charges reduced or dismissed, and fight for a not guilty verdict in court if necessary.

Contact a Criminal Defense Attorney

Being charged with a PFA violation or other crimes can be stressful and overwhelming. Our seasoned team of defense attorneys, drug crime lawyers and family law attorneys provide top-notch representation that can cover any legal problem you may be facing.

This blog was originally posted on https://pa4law.com/charged-with-violating-a-pfa/

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What You Need to Know About Teen Sexting Laws in Pennsylvania

Sending nude or sexually explicit images via electronic communications such as text, social media, and email is known as “sexting”. Unfortunately, it has become a common practice for teenagers, so Pennsylvania has enacted specific laws that deal with teen sexting. If your child is facing these types of charges, it’s important to find a criminal defense attorney who has experience handling teen sexting cases. 

Why are There Specific Sexting Laws for Teens? 

Many teens do not possess good judgment and may send sexually explicit images to their peers. These images may be considered child pornography, which can come with harsh penalties if someone is convicted of a crime. To keep teenagers from having to endure lifelong repercussions such as prison time and being branded as sex offenders, many states have created sexting laws that apply to certain behavior by minors. 

Although these crimes are usually charged as misdemeanors, if a teen’s conduct is particularly harmful, they can still face felony charges.  An experienced sex crimes lawyer can investigate the facts of your case and determine which types of charges and penalties may apply. 

Teen Sexting Law in Pennsylvania

Under Pennsylvania law, the electronic dissemination of "sexually explicit images" by minors is typically charged as a summary offense or misdemeanor. Images that involve nudity or show a minor's genitals, pubic area, breasts, or buttocks in a sexual manner are considered sexually explicit. Typically, penalties are based on the severity of the conduct involved, and the motivation for sending the explicit images.

A minor who knowingly sends a sexually explicit selfie may be charged with a summary offense, which is the most minor type of criminal offense in Pennsylvania. If a minor knowingly possesses or views a sexually explicit image of another minor age 12 or older, it is also considered a summary offense. 

Sharing, sending, or publishing an image of another minor is a third-degree misdemeanor. If an explicit image of another minor is taken without permission and with the intention to harass, intimidate, or cause emotional distress, a minor can be charged with a second-degree misdemeanor. 

Penalties for Teen Sexting 

Penalties for a summary offense include up to 90 days in a juvenile detention center and a $300 fine. However, the minor will first be referred to a diversion program, which educates them on the consequences of sexting. If they successfully complete this program, charges will be expunged. 

A third-degree misdemeanor can involve one year in a juvenile detention center and a $2,500 fine. Second-degree misdemeanors may come with a $5,000 fine and two years of incarceration. A teen’s phone and other devices may also be permanently confiscated.

More harmful acts such as sending images of children engaged in sexual acts or images of children younger than 12 are prosecuted under stricter child pornography and obscenity laws. These convictions carry more severe sentences, including sex offender registration requirements. 

A Criminal Defense Attorney Can Protect Your Rights

If your child is facing charges relating to sexting with minors, it is critical to contact a local criminal defense attorney as soon as possible. Our team of experienced attorneys includes drug crime lawyers and domestic violence lawyers as well. Whether you need help with criminal defense due to teen sexting charges or you are seeking a Protection from Abuse order, we provide legal representation and services you can trust. 

This blog was originally posted on https://pa4law.com/teen-sexting-laws-in-pennsylvania/

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