Pennsylvania v. Farabaugh

The Commonwealth appealed a Superior Court’s order finding appellee Raymond Farabaugh was not required to register as a sexual offender. In 2011, appellee pled guilty to indecent assault, graded as a second-degree misdemeanor. The trial court sentenced him to two years probation; at the time of sentencing, the law did not require appellee to register as a sexual offender. Later that year, amendments to Megan’s Law added crimes to the list defined as sexually violent offenses, and established a three-tiered system for classifying such offenses and their corresponding registration periods. The 2011 amendments became effective December 20, 2012; they applied to individuals who, as of that date, were convicted of a sexually violent offense and were incarcerated, on probation or parole, or subject to intermediate punishment. Appellee was subject to the reporting and registration requirements, and, as a Tier-II sexual offender, was required to register for 25 years. After Megan’s Law IV went into effect, appellee filed a “Petition to Enforce Plea Bargain/Habeas Corpus,” arguing that ordering him to comply with the new registration and reporting requirements violated his plea agreement and various state and federal constitutional provisions. The trial court denied the petition, and appellee appealed to the Superior Court. On March 14, 2014, while the appeal was pending and after the parties had submitted their briefs, the governor signed Act 19 into law, amending the provisions of Megan’s Law again; the Act was effective immediately and made retroactive to December 20, 2012. The Superior Court panel sua sponte addressed Act 19, holding the above language exempted appellee from the requirements of Megan’s Law. Finding that the Superior Court's holding was made in error, the Supreme Court reversed and the case remanded for further proceedings. View "Pennsylvania v. Farabaugh" on Justia Law