Offense pre-SORNA? Pennsylvania is a good option for you.
The Liberty Bell, also known as the Pennsylvania State House bell, is one of history’s most famous symbols of freedom and justice. This month, freedom and justice were restored for Pre-SORNA registrants nationwide, when the Pennsylvania Supreme Court ruled that registration requirements cannot be applied retroactively not only to people whose offense occurred in Pennsylvania (as had previously been determined in Commonwealth v. Muniz), but cannot be applied retroactively against people whose offense occurred anywhere and moved to Pennsylvania.
A footnote to the case spells it out perfectly, “What is at the heart of this case is the question of whether Muniz applies equally to Santana. As outlined above, on all material aspects, the cases are the same. Both Santana and Muniz committed their offenses before SORNA was enacted. Both had SORNA applied retroactively years after the commission of those offenses. Both were subjected to the same exact requirements under SORNA. The only difference between the two is that Santana committed his triggering offense in New York, while Muniz committed his here... There is no constitutionally justifiable basis to hold that a scheme is unconstitutional for Pennsylvanians, but that exact scheme, applied the exact same way, is constitutional as to New Yorkers.”
You can read the full opinion below:
Also from what I understand Megans Law Came Later adding more Restrictions on travel to SORNA. recently came back from a Trip to Europe and the few times I was Questioned it was always “Well Sir we are only here because YOUR Country sent us a notice so just a quick Passport Check and SORRY!. You really should talk to a Lawyer about getting rid of this because in Europe we dont even look at offenses this old” Very Embarrassing but never Denied. Italy,France,Portugal and Spain. Of Course coming back and again a very nice Customs agent that felt so bad and couldn’t understand why he had to waste time with me…Waived me right out of Secondary. From my understanding this International Notification came way after 2010.
@anonymous Thanks for sharing your comments, especially the international travel bit- May I respectfully inquire if your passport has/had the IML brand now or when you entered the US? And which airport did you clear the US customs? I am abroad now and wondering when and which airport would be the best choice to arrive at. Thanks! : )
@ Jakub: In October, I returned from a month in France. Entered US at LAX. Yes, I have a branded IML Passport. And yes, I was directed to Secondary, as always. Even before my “special” passport, I was always directed to Secondary. (My offence was a 25 year ago L&L.)
My experience: French authorities don’t care at all about the stupid US IML crap.
David
I have visited 9 countries since being on the registry and not a single one gave me more than a glance. AND, when I went to Austria, there was not even a passport area (Took train there).
My last trip was 15 years ago though so cannot remark on what any current rules are.
It was the horrible return trip arrivals that were so scary. Had luggage broken on purpose by TSA, stuff stolen, held until I missed my flight etc. Just not worth it anymore, I don’t work and cannot afford it anyway.
IML was passed in 2016, so your anecdotal stories of unrestricted travel 15 years ago are completely meaningless when it comes to travel today. Also, Austria has been in the European Union since 1995, so if you were traveling by train from a country that was also in the EU, you would not have needed to pass through immigration regardless. It’s good that you mentioned your experience was 15 years ago. I’m just using your comment as an example of how it’s important to mention important facts (like it was pre IML) so that people realize it might not be the case today. That said, the article concerns the Supreme Court of PA decision so the original commenter here derailed the topic and should probably re-post the comment under a relevant posting or submit a new post so that we can start a new discussion.
Thank you
AND, that is exactly why I said it was 15 years ago. But even then, I was getting crap from U.S customs. I can only imagine what jerks some of them are now. I did have one really super nice one who treated me with respect and even told me he didn’t want me to miss my flight. He wore gloves when going through my suitcase very gently and closed it with care and sent me on my way. I almost burst into flames from the joy of someone human working the TSA offender screening.
You will ALWAYS get crap from US Customs. Can’t say they are jerks. They just have to pull you into secondary and at that point it’s up to the officer whether they want to be jerks. Some are, some are very professional, polite and apologetic. Note that it’s not TSA, these are Immigration Customs Enforcement (ICE) officers.
FAC#3
There Is No Numerical Codified Statute that ‘ICE’ has to Segregate You……They Do This to Make Spectacle of ‘Those Forced to Register’….If it is For Computer Input etc..it is an EXCUSE to terrorize YOU…to take you away from the Population that exists around you!…So Are They Embarrassed or are YOU?…HUmmmm!
—–Once, I saw a Dude in a Wheel Chair, who was ‘Segregated’ and Terrorized Like Me…They ‘LET ME GO’ quickly…but the Dude in the Wheel Chair was also mentally challenged by ‘ICE’…I wanted to help the poor Dude, but the ‘ICE’ Officer Ushered Me Out…(Months Later, That ‘ICE’ Dude Came into Pick Up a Take-Out Order-I threw it in the Garbage and Refused Him Service-He Knows Who I am-have not seen him since-just his brothers who are employed by USMS and I always give them the evil eye and tell them, “IS BACON BURNING”)
Luckily, Now, I only travel via ‘Private’, when, I have to…very blessed..that way, I do not Have to be around these government paid ‘leaches’
Truth, you do know that even when you fly private internationally, you are still required to clear customs and immigration, right? There is specific guidance on this in the Federal Register (see: http://www.gpo.gov/fdsys/pkg/FR-2008-11-18/pdf/E8-26621.pdf). You are blessed to have the comfort and convenience of being able to fly in and out of the country via private jet, but that does not avoid the reporting requirements under IML nor the immigration requirements of CBP.
Yes
flying ‘private’ necessitates what you are saying, Internationally…I do not Fly Internationally….But reside in a us territory that is the ‘last mile’ so ‘all of them’ are here to terrorize when you leave here commercially, But, not so privately—-there is no hassle; and I rarely ever go anywhere……..!
As CherokeeJ, would say, “I like where I live”
There is not US Customs or Immigration when you travel domestically, including US Territories.
FAC
You said “There is no customs domestically”
Shhhhhh don’t give them any ideas
Think the last time I was on a plane, Moses was parting the red sea.
Truth and Science guess I don’t understand your comments about Private. I have no issues ever flying Commercial Domestically and I prefer International as I can go away for 4-6 weeks or more and never Worry about any check ins or Registration at another States Police Office. From what friends tell me most of the time even on a private Jet you will still go up to customs sometimes the exact same line when coming or going. I really cant imagine having to report when I leave Florida for a couple days and then get on each States Registration?. Fly to France and Travel by Land in Europe or say Guatemala and Travel all over. Your Intended due back date can change and I have often been out for 30 days or more. The Secondary on the way back is Annoying but for me still beats Multiple State Registrations. Exactly why I never Travel Domestically more than 3 days. I also believe if your plans change and you come back the long way (State Hops) again no Notifications. I only feel free when I leave the states. A 1 or 2 week trip once out of the USA can be extended and you have no reporting Obligation once out of the Country. I know Florida has told me before they dont care what places I go once I leave. You could even go to France or Italy and if you decided at the last minute you want to fly to Central Or South America,Asia etc Jump on a cruise/Boat Tour you can. This way no little Notification at each doorstep. Just dont plan it in advance as you are suppose to disclose known Travel beforehand. I am very spontaneous and my Travel is always evolving as I go. I’m not Interested in Adding more places and alerts so stick with. Hong Kong (Asia) France (Europe) Guatamala (Central and South America). Fly back and take A riverboat Cruise home. You can be creative and within the law
Yes there is CBP, Homeland Security, and ICE at US Territories-I have had to deal with them in the Past!-they are RUTHLESS!…They are there when traveling Commercially;…………..Private, is a whole other Story!
…it all depends if they are around to do checks!
Interesting, because according to CBP, “[t]he Department of State issues U.S. passports to traveling U.S. citizens. The passport allows you access to U.S. consular services and assistance while abroad. U.S. Citizens and Lawful Permanent Residents (LPR’s) who travel directly from U.S. territories to the United States, which include American Samoa, Guam, the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the US Virgin Islands without touching at a foreign port or place, are not required to present a valid U.S. Passport or U.S. Green Card.” Here is the source for this information directly from the government website: https://help.cbp.gov/s/article/Article-980?language=en_US
Do you mean there is CBP at U.S. Territories that screen you when arriving into the Territory from a foreign country? If that is the case, there are CBP at international airports in every State as well. Might you be referring to whether non-US-Citizens are required to have a passport when entering a foreign territory? If a foreigner enters a US Territory (or any State) they will be required to pass through immigration as they would if they were traveling, for example, from Spain to New York.
I think another misunderstanding is that travel by private plane rather than commercial have different immigration requirements. That’s not the case. When arriving into the US from a foreign country the same immigration laws apply whether you fly commercial or private.
I would love to be corrected and will gladly share that information, but we can’t rely on anecdotal information.
When Leaving The US Territory In Which I Reside, When Traveling Commercially Which is Domestic Travel, the Island Resides Next to Another Country’s Islands….Even When Traveling Domestically, You Must Clear Immigration and Homeland Security and if you are Lucky to be a ‘Person Forced to Register’, you are pulled aside and escorted to the CBP Office, wherein they make you Fill Out CBP FORM# 6095B…But Once Again, a Person Forced to Register Must Fill out this Form Even Traveling Domestically
Last Year I sent a Letter Of Complaint Matter to the Head of CBP and the Local Person Here…Never Heard Back!
To Me, This is Just Like Compliance Checks, as I cannot Find Any Numerical Codified Statute..Just Another Made Up Thing that they do and get away with!
Truth and Science
Been Travelling outside the Country for a Decade have NEVER been asked to fill out any form at Secondary but the regular Customs Dec sheet for how much items you have purchased. Mostly in and out. Done this land and Sea/Airport
As a Resident of a US Territory, When Leaving the Territory, this is what is done to me, ‘A Person Forced to Register’ When Traveling Domestically Commercially……Living in a US Territory DOES NOT MANDATE A US PASSPORT…..That is the Difference, You all are Forgetting that…This Is not about the Passport Bull-SHeet….This is about What they Do to you!…Again, Filling out the Customs form is just another way to try and trip you up!
Please, everyone, understand, Traveling from the USA to a US Territory Does not mandate a US Passport,,,Just your Driver’s License…..
So the ICE, CBP, and Homeland Security are all in this together and they do this purposely, without Authority of Law…When I asked Why I was escorted away and I had to fill out the Customs Form and be questioned over and over again where I am going, which no other person has to…he said, “That is what we are doing now”
-sad freakin excuse!
I sent a complaint, but have not heard back…..hummmmm
Are you sure about that? They may have been taking down passport information/passenger lists 15 years ago, but I did not run into a situation where the “receiving” country actually had the current notice in hand until 2013 in Belgium. I had been traveling to Europe INCLUDING the UK from 2005 up until that time with nary a peep from anyone other than CPB on the way back into the US. UK became off limits once they started sending these notices.
CherokeeJack
You were on a plane when Moses parted the Red Sea. Where you near the burning bush? Just how old are you? Now I can stop reading history books, Iâll just ask you.
Brandon
1 John 1:9 – If we confess our sins, he is faithful and just to forgive us our sins, and to cleanse us from all unrighteousness.
Too bad the rest of the World cannot forgive us.
And for your question as to how old I am, “Luke, I am your Father”.
Jakub
From my experience with travel, if I had to do it all over again, I would have paid extra to Fly into my home City. The reason is, I missed many connections due to extra screenings. If you go straight to your closest home airport, you have no flight to miss.
But for some who live near smaller towns, that may not be possible.
CherokeeJ….
…The Air Travel Back in the Day…I accumulated over 5 Million Miles on one major Airline-it may be based in Atlanta-Diamond For Life!
But, now, I just give the miles away! to Both Humans and Animals..(not the ones we speak of!)
Happy New Year!
Truth
Yes and now with all the fights and other things going on, on planes, I would not even feel comfortable flying. One of these days some idiot is going to do something stupid and cause the TSA to do strip searches, polygraphs and more. I doubt I will ever step foot on a plane again other than the One way trip to Glory on the Paradise Express.
I only Do it When I have to….To See Mom!….
..I Loved to Travel; But Shiitake Happens and Just Easier to Stay Put
Until Off the Hit List!
Truth
Unfortunately, I am not so sure even getting off the registry will stop flight enforcement protocol for anyone convicted of a sex offense. I won’t be getting another passport and will only fly in the U.S if for an emergency. And since my immediate family lives near me, not sure what that emergency would be.
I really miss my annual trips out of the country. I never felt more free in my life. No officer coming to your door to do a check. No getting pulled over randomly on some made up infraction. No someone recognizing you from the registry and making a scene.
It was not even the hassles of return that stopped me from going, it was the risk of being turned away from a country due to the U.S notifying. Sucks because they let us go then tattle tell on us to get us returned at our OWN expense.
You might have been lucky although it might be standard in Europe. However, I was returned by Argentine customs to the USA. I was also told it was because YOUR country sent the notice and they said further that they were instructed not to allow me in but return me.
I was also told that once I cleared it up with MY government that Argentina would welcome me in as they had no problem with me but rather was simply doing what the USA had requested of them to do. đ
I had the exact same thing Happen In Centra/Southl America however Argentina does have a Rule to Deny ANY Felons. Its sad but its hit and Miss because I have been to some places to only be denied and come back later. Europe also has this 7 and 10 year Rule thing about the right to be forgotten and I am no expert but from what I was told they dont recognize 10 YR Convictions anyway. I do not have a stamp in My Passport and Miami,Orlando and Atlanta have all had great Customs Agents on return that scoff that they have to be bothered by looking me up. I was told everybody gets Flagged then they decide based on charge what needs to be done. You can bet your Hardrive and Phone will be taken and copied also if you have a charge that Warrants it. I have never had more than my bad peeked at, My Advice would be a Land or Boat Crossing to Argentina from a Country that would allow a visit. Of Course you would need to Disclose the Intended Travel so this would only work if you decided to make a unscheduled plan once outside the USA. Plans do change! Also think it depends on The Travel Notice VS a Green Notice. From What I have seen its a email saying hey this guy is coming.
Sooooo, basically the U.S let you get on the plane, take a seat from someone else, had you pay the airline, hotel etc. then make you come back, again taking a seat from someone else? Why not just deny you to begin with??? That is why I shredded my passport because of games like that, that grown men in uniform acting like The Gestapo do for their pure pleasure and satisfaction that they can control us, and get away with it with 100% immunity.
Special section of Hell for those types. (To be fair they probably say that about us)
Of course, the US Government will vehemently deny that they EVER told ANY country not to let you in and to send you right back home. And I guess that technically/legally, they didn’t BUT everyone around the world KNOWS what they mean., right? It is only the countries that know EXACTLY what they are doing and perhaps find it to be in violation of their own laws who actually care. That is the case in some countries in the EU.
Even though you would likely be removed from the UK registry after 5 years had you been convicted there, they wont let you in. Germany declare a lifetime registration to be violative of the European Convention on Human Rights. Ironically, so did a court in the UK, but that doesn’t
t matter as they are no longer part of the EU. In certain countries in the EU like Belgium, public disclosure of this type of information is illegal and even in places that do keep track of some info like France and the Netherlands, there is no public registry.
Pennsylvania sounds like a good place to live right about now…
Remember what was said about Michiganâs recto activity, and what the truth was, ,,, I wouldnât put the cart in front of the horse just yet,,,,,,
DR.
Amen!
commonwealth of pa v torsilieri sorna scientific evidentiary showdown.
This is great reading for the future of PA.
I copied and pasted from FAC
Delete if not allowed.
What exactly is pre Sorna? Is there a hard cut off date? And is it time of offence? Or time of conviction?
If memory serves me,
Sorna was implemented in 1996 and retroactive ten years by date of conviction ( in Michigan)
Dr., Your memory has failed you. In 2006, Congress passed the Sex Offender Registration and Notification Act (SORNA).
You might be thinking of the Jacob Wetterling Act, which preceded SORNA, but you would still be a couple years off.
Thanks ,
DR.
Don’t ask me, my memory hasn’t served me in over a decade. Heck I woke up this morning and had to ask the neighbor what the name of our street is. And I thought my elderly Father’s memory was bad.
Can this be used as Precedence in the Ex post facto here? This is good news even if it only applies to Pencil Vane Yah because it was not JUST the people who challenged but all residents who had this happen. Opens up a can of worms, a Pandora’s box and a bag of chips all in one.
When Florida changed the drinking age from 19 to 21, the people who were already allowed to drink got to keep drinking. When they raised the age to drive from 15 to 16 (With an adult in car) anyone who was already 15 got to keep driving.
And almost every other crime that was ever committed since Jesus was hung on the cross, they did not make retroactive. But they (The dishonest lawmakers) seemed to think the public would be ok with an exception for the creepy sex offenders who are always lurking outside their bedroom windows with cameras.
Cherokee, the answer to your question can be found in the weekly update sent out earlier this month: https://floridaactioncommittee.org/weekly-update-2021-12-08-ref181/
A win in another jurisdiction is not binding here, but it can be used in a persuasive argument here.
@ Cherokee: I suppose you are referring to those same creepy sex offenders who it turns out are actually husbands, stepfathers, uncles, granddads, educators, priests, tutors, babysitters, youth sports coach coaches, etc. đ˛
Oh yeah, that’s right, those “creepy sex offenders” are family members and friends – people they know aren’t they!! Yikes!! đą
David
I hope you knew I was talking in “3rd person” as if the law and public were viewing us.
Of course, the bad news is that if one of us who was convicted after the original registration statute was passed in Pennsylvania tries this, The state will naturally argue that this is different because Santana was convicted before there was any kind of state registry. Likewise, we have seen other states just willy-nilly say that anyone from out of state is automatically a life registrant without regard to the nature of their offense or, in the case of Ohio Like with our old compatriot Derek Logue, they will apply the law of the state where you were convicted, in his case Alabama, where any sex offense is a lifetime registration offense like Florida. I do believe that the Pennsylvania Supreme Court found earlier like the Ohio Supreme Court did that you couldnât change the original time of registration from 10 years to the sauna compliant 25 years in a retroactive manner. It will be interesting to see if this decision does in fact prohibit differing application of the law to those who were convicted in the commonwealth in Pennsylvania and those who were convicted elsewhere. It would seem logical that if you werenât designated as a predator in Florida and as such, you were registered for life but eligible to apply for removal after 10 or 20 years when you were convicted, then you should be subject to the old 10 year law in Pennsylvania. That didnât work out very well in other places like Ohio and, until recently, Indiana, at least for some people. But, if such a determination was made, you might be looking at a situation where you could move to Pennsylvania and be removed without having to beg and plead for it. That would be nice. From what little I can determine from the SORNA And itâs enabling rules that were passed recently, âimpossibilityâ is still an excuse for violating provisions of the federal law and impossibility seems to include that your state has no interest or no ability to comply in your case. That is to say perhaps that youâre not eligible for registration under the state law so youâre not registered. This is another chip out of the wall, but I wouldnât start doing my happy dance just yet. Remember that we have a supreme court decision that says that the state cannot ban you from the inter-webs or from social media, but we still have perfectly valid laws in places like Floridaâs it that say that the government can provide information about your Internet identifiers that is not available to the general public directly to the social media companies so that they can effectively ban you from the Internet. Of course, the state with Roberts hands and say no no no weâre not doing anything to ban that poor person from the Internet itâs those evil private companies. Of course, we know thatâs a load of crap . So letâs keep our fingers crossed and maybe will be able to move someplace nice like Gettysburg or Carlisle, Pennsylvania.
Joe M
My case was from 1991 and registry didn’t start until I got released from Prison. It was retroactively applied to me. I had already made a plea 1000’s of years before the registry even existed. (Yeah I am a caveman LOL)
I think we need to retroactively apply littering charges retroactively. We can gather each piece of trash and run DNA test on them and then arrest those naughty litterers and put them on the trashy people registry.
CherokeeJack
That wasnât a camera it was my bottle capped glasses from grade school. I was trying to see if I could start a fire since it snowed yesterday in Maryland.
Bad example with the drinking age. The same summer that Florida went from 18 to 19, Georgia did too. Florida grandfathered in the 18 year olds. Georgia did not. I turned 19 in June and my buddy turned 19 in September. We went to a club that he had been going to since he was like 17 and they turned him away. IIRC, same thing happened in Florida with the 19 to 21 jump. If you turned 19 before July 1 of 1985, you were grandfathered in. Not so in other states,
From what I understood it helps those convicted before December of 2012 if they moved to Pennsylvania. I hope this case helps in the other 49 states.
@Brandon,
Respectfully one needs to be charged, not convicted, before that date. In things like this it is always the date of the charges that matters.
Actually, it also helps those convicted before December 2012 and who move to Pennsylvania at any time (including now or in the future). Depending on your offense, you may have to register in Pennsylvania for 10 years, life, or not at all. And even if required to register in Pennsylvania upon relocating there, if your offense occurred before December 2012 the registration requirements are far less than those imposed by Florida.
As the title of the article states, if your offense occurred before PA SORNA (December 2012), Pennsylvania is a good option for you. The cost of living is relatively low, and housing expenses in most places other than Philadelphia are also low. Housing costs in Pittsburgh are minimal due to the massive depopulation that has taken place in Western Pennsylvania during the past several decades. You can find a nice house in Pittsburgh for well under $200K.
Brandon
That is nice if you don’t have a family or want to move there. I grew up in the cold winter Northern months. I will take my chances here.
Been in Florida now since 1979. Other than the registry, I happen to like living here. You have to weigh out the pros and cons. Moving somewhere just because they do not apply the registry to you is an individual decision.
Having said that, I moved in 2003 to California alone to get away from the registry. I found out I was in violation of both Florida and California’s registry by doing so. I did not do my homework so moved right back to Florida 3 days later as if nothing had happened. (Rules were more relaxed then).
Brandon, the big question is whether it applies to us out of staters for purposes of determining when our obligation to register terminates. My understanding is that Pennsylvania like Ohio and a number of other jurisdictions, used to terminate most registrations at 10 years. But like a lot of these other states other than say Vermont, they applied either the âwhichever is longerâ rule and compared the registration requirements in your state of conviction and in Pennsylvania, or they just automatically determined that all out of state convictions would result in a classification of life registration like they did in Kentucky, Indiana and a couple of other places. What we can hope for is that this decision not only says you canât apply the stuff retroactively, but you must also apply Pennsylvania law to anyone coming in, not whatever law you choose to apply. That would be a game changer, although I still donât know if it would help you with things like international travel because the feds have appeared to take over that task and theyâre still going to require you to tell the Marshal service when youâre going out of the country. For me, that obligation to âregisterâ with the feds appears to end in 2025 so maybe Iâll be able to go back to Europe for my 65th birthday assuming that I can ever afford it. Lol
Europe should not be a issue. Italy and France to my knowledge have never turned back anybody. Check the Travel Matrix to stay updated
Brandon you are right on that. I was convicted in July of 2012 and yes I an a tier 3 and yes I even took a friend with me to the PO office when I visited back in Oct and he ask when my release was up and yes its an honor system type of justice and many more states should follow suit.
Happy new years all in your area. We all can look for brighter things to come even for those with past ordeals and states to follow suit.
Interesting turn of events. SORNA is Federal law isn’t it? But each State has to enforce it? So what was the official date SORNA was first enacted? And what about all the additional requirements?
Jakob
I agree. What about all the add on from states . At that time there was no available internet as there is now. So no matter what itâs form itâs totally different now than when in acted .
This ruling raises more questions than answers.
If you read the entire ruling, I don’t think you’ll find it raises more questions than answers. It is extremely clear and emphatic: if your offense occurred before December 2012, no matter what state it was in, Pennsylvania cannot enforce its current version of SORNA against you. It can only apply the watered-down version for pre-2012 offenders.
RM
OHHHH
So everyone was getting all excited. I thought it was saying NO registry could be applied to those pre 2012. Versions be darned, your photo is still going to be on a registry that can be viewed and that is the most important thing to get rid of. (At least to me)
Our charges will stand forever on record but no one checks those unless you are applying for a job. Or some bored neighbor.
So anyone thinking of moving there better think twice and you might get bit just like many that moved to Michigan, only to find themselves in limbo.
David
It is like What Adam and Eve said to God in the Garden of Eden
” So many Questions and so few Answers”. LOL
SORNA was enacted in 2006 – https://smart.ojp.gov/sorna/current-law
Jakub
Yes and it was a gift from Satan đ
Now if we could get a gift from God, it would be nice.
SORNA is an acronym for “Sex Offender Registration And Notification Act.” There is federal SORNA, which imposes an independent duty to register of either 15/10 years, 25 years, or life, depending on the offense (note that Florida does not have any registerable 15/10 year offenses, only 25 year and life offenses). And each state has its own version of SORNA, although a state may not actually call it that, as is the case in Florida. Lawyers and others use SORNA as a general term for a state’s sex offender registration scheme. Thus, you will see the term FSORNA (Florida SORNA) in our pending lawsuits (Ex Post Facto I and II) to refer to Florida Statute Section 943.0435 for the sake of convenience since FSORNA is more convenient than having to refer back to the statute number each time.
The federal duty to register and the state duty to register are independent and parallel. Depending on the state and the offense, especially how closely a given state’s version of SORNA matches up with federal SORNA, the duties to register may or may not terminate at the same time (or one may terminate while the other never does). The duty to register under federal SORNA begins upon release from incarceration (or placement on probation if you weren’t sentenced to incarceration), but under Florida SORNA it only begins upon completion of probation or any post-release supervision. In my particular case, my federal duty to register will expire on April 27, 2024 (25 years to the day after I was sentenced to probation for my case back in 1999 for an offense classified as Tier II under federal SORNA that occurred in August 1997, a couple of months before Florida SORNA went into effect). However, I won’t be legally eligible to petition to be relieved of my Florida duty to register until December 17, 2030 (20 years to the day after my probation expired), and then there is no guarantee. So my federal duty to register will expire with certainty in April 2024, after which I won’t be subject to federal prosecution for any potential SORNA violations, but my Florida duty to register may never end, or it may end in December 2030 if my day in court goes well, or it might end before that if we win our Ex Post Facto cases since my offense predated the enactment of Florida SORNA.
@ RM -good comment but a couple of inaccuracies. As a non-contact offense Floridaâs âLewd Exhibitionâ, when it involves a minor victim, is a federal Tier I. It may be a felony but itâs still a Tier-I under Federal SORNA because it does not involve contact. – 800.04(7).
Also, the duty to register in Florida kicks in at the moment of sentencing to probation for any of the sex crimes involving a minor, not after completing probation. That discrepancy in the law was recently âfixedâ by the Florida Legislature.
Finally
Please give citation. I was sentenced in 1993 and did not complete probation until 2003. So by your theory, I should have been off the registry years ago. ????
Your post is confusing. At least to me đ
@Cheeokee .. not sure your comment was addressed to me but in case, let me say that In Florida, thereâs no âgetting off the registryâ unless you petition for removal and are granted an Order for removal by a judge, after 25 years from completion of probation and without any other charges. And then only for certain limited offenses..
In particular circumstances you may be able to petition after 20 years.
Cherokee I live about 200 miles from PA here in the Shenandoah Valley. i have been to PA one time and yes its very nice and yes they do believe in good government practices. It is a dutch Amish type of area and we have a Hershey Plant here in my area. I would love to go their again. for Second Chances that is very good if anyone plans on it but one needs to study more before rushing into things.
@RM This is very enlightening. I had heard there was a Federal and State versions, but did not know they were in parallel,as you shared. Is there somewhere I can link to see the Federal SORNA particulars are, for my case? Where can I see what tier I would fall under? Thanks! I had no incarceration only community control followed by probation which began in 1994.
Sorna seems to have some “optional” parts because you see states that do not do all of the things that SORNA requires, but they are considered to be “substantially compliant” for money purposes. Georgia is perhaps aa good example, Even for people subject to the craziest restrictions ( based on date of conviction) the state does not appear to collect the internet identifier information.