Reply To: AWA Loses in Pennsylvania’s Highest Court

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Brian

@Terry Brunson
This contradicts some of my other posts making me look like a hypocrite, the original transcript I received on my own said she was 17 which she said she was, there is a lot of funny business going on here. This is directly from the DA and my attorney,
On December 10, 1997, Defendant, Brian pled to sexual Assault on a Child (§18-3-405) in Colorado. This offense required the defendant to register for his lifetime with the Colorado State Police. The defendant moved to Pennsylvania 5/15/03 and registered pursuant to Title 42 Pa.C.S. Ch. 9799.13(7).

Colorado’s Sexual Assault on a Child is similar to Pennsylvania’s Indecent Assault of a Child less than 16 years of age (18 Pa.C.S. §3126(a)(8). A conviction for Indecent Assault of a Child less than 16 years of age for a crime committed prior to December 20, 2012, does not require the defendant to register. See Commonwealth v. Bundy, 96 A.3d 390 (Pa.Super. 2014). See also Commonwealth v. Farabaugh, 128 A.3d 1191 (Pa. 2015).

However, I believe that under Act 10 (and also Section 9799.15(7), the defendant has to comport with the registration requirements in Colorado. In Colorado, Sexual Assault on a Child (§18-3-405) has a lifetime registration for that offense.

Under Act 10, (see page 74)

http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2017&sessInd=0&billBody=H&billTyp=B&billNbr=1952&pn=2820

(iii) Except as provided in subparagraphs (i), (ii), (iv) and (v), if the individual has been convicted or sentenced by a court or court martialed for an offense listed in section 9799.55(a) or an equivalent offense, the individual shall be, notwithstanding section 9799.53, considered an offender and subject to registration under this subchapter. The individual shall also be subject to the provisions of this section and sections 9799.60 and 9799.63(c)(2). The individual shall be subject to this subchapter for a period of 10 years or for a period of time equal to the time for which the individual was required to register in the other jurisdiction or required to register by reason of court martial, whichever is greater, less any credit due to the individual as a result of prior compliance with registration requirements.

It would appear that Brian must register for his lifetime.

I said what about due process, and equal Protection in pa? He said I had due process when I signed the plea agreement and he then said would not the same type of charge filed in Pennsylvania have required a lifetime registration? They aren’t applying it ex post facto. They are apply it under the Full Faith and Credit Clause of the US Constitution- they are asserting Colorado mandated a life time registration not PA. Soooo what are they using US constitution and not Pennsylvania Constitution? What do you think of all of thus also?