May 31, 2020, 5:05 pm
From NARSOL:
The Superior Court ruled that SORNA II constituted as cruel and unusual punishment for juveniles in Com. v. Matthew Zeno 2020 PA Super 1111.
PARSOL sees this is a fantastic ruling. It means regardless if your juvenile case is transferred to adult court, you were still under 18, and the SCOPA in In Re J.B. said a sex offender registry for a juvenile offender is unconstitutional.
The Commonwealth’s argument was that since the charges were serious enough to warrant the case be transferred from juvenile to adult court (which can be done under PA law for certain crimes), Zeno should have to register just like an adult.
The panel in this opinion said, “No.” The sex offense was committed when the defendant was under age 18; thus, defendant is still a juvenile and cannot be ordered to register as a sex offender because of SCOPA’s decision In Re J.B.
https://cases.justia.com/pennsylvania/superior-court/2020-880-mda-2019.pdf?ts=1588875386
The post PA: SORNA II constitutes cruel and unusual punishment for juveniles appeared first on Florida Action Committee.
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Author: Florida Action Committee
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