The Pennsylvania Supreme Court recently struck down an Allegheny County ordinance that imposes strict restrictions on where registered sex offenders may reside. Pennsylvania’s Megan’s law requires that those convicted of a sex offense may have to register for ten years for an offense like statutory rape while lifetime registration is required for more serious offenses like rape. Many local governments in Pennsylvania and throughout the U.S. have enacted residential restrictions on those who are registered sex offenders. However, the Pennsylvania Supreme Court just struck down an Allegheny County ordinance that imposed such restrictions on the grounds that the ordinance is pre-empted by the balance under Pennsylvania state laws between protecting the public and rehabilitation of registered sex offenders.
The ordinance that was struck down prohibited registered sex offenders from coming within 2,500 feet of child care centers, schools, parks and recreational areas. This ordinance imposes similar restrictions to those in other states, but the Pennsylvania Supreme Court recognized that while well intentioned these statutes could impose unreasonable hardships. The Court characterized the restrictions as creating “localized penal colonies.” Sex offender registration means that those convicted of sex offenses are treated differently even after they have served any jail time, paid fines, attended classes or treatment.
The Court recognized the fundamental conflict between passing laws and implementing policies designed toward rehabilitation and successful reintroduction into society. The residential restrictions on registered sex offenders can result in permanent banishment of sex offenders so that they can never be successfully rehabilitated or effectively reintroduced into communities. This hardship is particularly inappropriate in situations involving a high school student who is convicted of statutory rate of his close in age high school girlfriend.
The Supreme Court’s decision will affect Pittsburgh and the many other cities throughout Allegheny County. There is some disagreement as whether the legislation will equally impact more rural and sparsely populated areas. The fundamental difference being that in Allegheny County cities it may be virtually impossible for a convicted sex offender to comply with the ordinance because of the density of such child related locations. Proponents of the restrictions contend that in more rural areas the hardship on obtaining a residence would not be nearly as burdensome so that the legislation would not be pre-empted in those areas.
Ultimately, the Pennsylvania Supreme Court recognized that sex offenders who have served their sentence deserve the opportunity to rebuild their life just like those who commit other criminal offenses. At the Pittsburgh criminal defense law firm of Michael V. Worgul, we provide zealous defense to those throughout Allegheny County and the surrounding area accused of Pennsylvania criminal offenses including sex offenses.
While it can be frightening to be arrested for a sex offense because of the potential long-term impact of such an offense, we have successfully represented hundreds of people charged with crimes in Pennsylvania including sex offenses so call us today to arrange a confidential free initial consultation at (412) 475-9217. We are prepared to provide a vigorous defense of your rights and your freedom!
