Chester County Judge declares SORNA unconstitutional!

A Chester County Judge has determined that SORNA is unconstitutional on many grounds in a blockbuster opinion! In Commonwealth v. George Torsilieri the Pennsylvania Supreme Court had remanded the case back to the Chester County Court for a determination of how five factors from Kennedy v. Mendoza-Martinez applied to SORNA. The Court struck down the version of SORNA (subchapter H) that applies to cases from December 20, 2012 through the present as being unconstitutional on its face and also as applied to Mr. Torsilieri.

The Court found that SORNA creates an irrebutable presumption that defendants convicted of sex-related crimes will re-offend and that the presumption is not univerally applicable. The logical extension from that is that people who will not re-offend are being treated as though they will. This puts such people at a serious disadvantage in life and the Court found that to be inherently unfair.

The Court next found that the punitive nature of SORNA offends the doctrines espoused in Alleyne and Apprendi. Punishment cannot exceed the maximum sentence for the crime, so if SORNA is viewed as punishment and lasts longer than the statutory maximum for the crime it is unconstitutional under the two afore-mentioned cases. Thus, SORNA is unconstitutional and cannot be applied.

The Court further found that SORNA violates Federal and state proscriptions against cruel and unusual punishment. SORNA can have a dramatic, life-altering impact on someone’s ability to gain employment or housing, travel, be around children, and function in society. Given the severe impact it imposes, the Court determined it was cruel and unusual punishment, especially since many of the crimes that trigger it can have no basis whatsoever in sex crimes, or a very limited connection to sex crimes. Imagine a relatively immature 20 year old who has sex with a 15 year old. Should that person be labelled a sex offender for life with notification and registration requirements? Or is that cruel and unusual punishment?

Finally, the Court found that SORNA violates the separation of powers clause and thus there was one more ground to have it declared unconstitutional.

The Torsilieri case breaths new life into challenges against SORNA, which were largely given up on after the Pennsylvania Supreme Court reversed the LaCombe decision. If you are subject to SORNA restrictions you should contact us to review your case and determine whether you might want to challenge the applicability of SORNA to your case.

You can read more about the details of SORNA on our sex crimes page. To review imposition of SORNA requirements we charge $500 for one hour of consultation, record review, research and opinion.