An individual who has been convicted of a sexual offense under state laws or federal laws may be required to register as a sex offender. In numerous cases, a defendant is required to submit their personal information, which includes their name and address, to government records that are kept in a database typically called a sex offender registry.
Examples of crimes that often require a defendant to register their information include:
- Rape;
- Child molestation;
- Harassment; and
- Other types of sexual abuse.
What Criminal Charges Can Result in Becoming a Registered Sex Offender?
Individuals may be required to register as sex offenders if they committed a sex crime. Sex crimes are considered to be some of the most serious offenses in the criminal justice system and may result in very serious penalties.
There are numerous states that have specific laws that detail what types of crimes constitute sex offenses and the penalties that each offense will carry.
Depending on where an individual resides, examples of sex offenses that are considered more serious include:
There are also some states that include behavior such as public urination as a sex crime of indecent exposure. It is not just state laws that may require a defendant to enroll in the sex offender registry.
Federal laws also include charges that may lead a defendant to register as a sex offender. Even if a defendant completes their jail or probation requirements, they may still have to register as a sex offender if they have shown a tendency to continue to engage in victimizing behavior.
Do Registered Sex Offenders Lose Any Rights?
Because many sex offenses are classified as felonies, a conviction of this type of offense may result in an individual being a convicted felon. This means that a defendant may lose some of their civil rights as a result of the felony, which may include:
- The right to own or carry a firearm;
- Access to federal student loan programs;
- Restrictions or limitations on driving privileges; or
- Having limits imposed on voting rights.
Sex offender registration may also result in restrictions that are directly related to the nature of the crime, which may include:
- Restrictions on being near or in school zones;
- Restraining orders that restrict being near the victim of the crime; and
- Being able to work in certain locations.
If the crime involved a minor child, a court will likely place limitations on the defendant’s ability to interact with children. This means that jobs that would require contact with minors or homes that are close to a school would be a violation of the defendant’s registration.
What Are Considered Sex Crimes in Pennsylvania?
In the State of Pennsylvania, sex crimes include crimes such as rape, or sexual penetration without consent, and prostitution, or sex for hire. The worst of the sex crimes is sexual assault, or unwanted physical contact with a sex organ, of a child.
Minor sex crimes include:
- Voyeurism, or spying on an individual engaged in intimate, private behaviors;
- Public indecency;
- Lewd acts;
- Illegal possession of pornography; and
- Pandering, or the recruitment of prostitution and solicitation of customers.
As law enforcement detection techniques become more sophisticated, sexual communication with a minor via the internet and possession of child pornography cases are being prosecuted in increasing numbers.
Registration as a Sex Offender
Pennsylvania requires that a sex offender register their personal information after they are convicted. A sex offender is required to update their information every year or, for some violent predators, more often.
The following crimes allow for a 10 year registry:
- Indecent assault;
- Luring a child into a motor vehicle;
- Obscene materials shown to a minor;
- Incest; and
- Unlawful contact with a minor.
A serious crime requires lifetime registration in Pennsylvania. Examples of these types of serious crimes include:
- Aggravated indecent assault;
- Incest if the victim was under 12 years of age;
- Repeat offenders; and
- Sex crimes that involve violence and children.
Why Do Registered Sex Offenders Have to Register Their Addresses?
One of the main reasons that sex offenders have to register their addresses is to allow individuals in the community to be aware of the presence of registered offenders in their workplace or neighborhood. These measures are intended as a means of public protection.
In many states, the state registry provides the public with access to general information about registered offenders including their:
- Criminal history;
- Current address; and
- A photo.
Depending on the state, the registry may also include the individual’s current place of employment. This information about the sex offender will be made available to the public once the offender provides their information to the registry.
Expunction of Criminal Records
Expunction of criminal records is the destruction of those records so that a convicted individual can obtain employment and move forward with their life. It is important to note that there is not a constitutional right to have an expunction of an individual’s criminal record.
When it is permitted, an individual who is seeking to have their criminal record expunged must fulfill certain requirements as well as adhere to certain conditions. Because expungement is a privilege but not a right, the majority of states will only allow it when the defendant can show they have been effectively rehabilitated and have reentered into society.
In Pennsylvania, crimes may only be expunged if they fall into one of the following categories:
- A not guilty verdict;
- Dismissed charges;
- Crimes committed as a juvenile;
- Completion of a rehabilitative program;
- A pardon from the governor;
- The offender is over 70 years of age with no criminal arrests for 10 years; or
- The offender passes away.
In general, sex crimes are not expungeable. However, a court may be able to consider mitigating circumstances.
Can I Get a Job as a Registered Sexual Offender?
There are no laws governing registered sex offenders that would keep them from holding a job. Individuals who are registered sex offenders cannot be discriminated against for employment purposes.
If, however, an individual is a registered sex offender, an individual may have certain restrictions imposed upon them as part of their sentence that may disqualify them from certain types of employment.
For example, if part of an individual’s sentencing and their participation in the registry prevents them from being close to certain establishments, such as schools or daycares, or to even be in the presence of minor children, it would be something a potential employer will have to take into account.
If an individual has certain restrictions on their record, jobs that would require them to be in direct contact with children may not be available to them because of the nature of the restrictions on their record.
Do I Need a Lawyer for My Sex Crime Charges?
If you have any questions, concerns, or issues related to how the laws governing registered sex offenders work in Pennsylvania, it is important to consult with a Pennsylvania criminal lawyer. Your lawyer can answer any questions you may have and explain what options may be available to you if you are facing criminal charges that may result in registration as a sex offender.
Your lawyer will represent you when you have to appear in court and help you present the best defense possible in your case. You can also see your attorney for counseling to help ensure that you are in compliance with your requirements for registration.
