On May 23, 2023, the constitutionality of SORNA was argued, once again, before the Supreme Court of Pennsylvania in Commonwealth v. Torsilieri. But we still don’t have a decision from the Court. What is taking so long? It’s simple. The issue is complex and the ramifications affect thousands of Pennsylvanians. Let’s start by talking about the history of the case.
Trial and Conviction in Chester County
Back in 2018, Mr. Torsilieri was convicted of a sex offense in Chester County, PA and was required to register as a sex offender. In Post-Sentence Motions, Mr. Torsilieri challenged the imposition of SORNA. In doing so his legal team presented affidavits of experts questioning the underpinnings of Subchapter H and challenged the constitutionality of his registration under multiple grounds. The Commonwealth stipulated to the contents of the affidavits. The Commonwealth did not present any rebuttal expert testimony or affidavits. The Trial Court relied upon Torsilieri’s expert evidence in making its determination regarding the unconstitutionality of the statute.
On Appeal (the first time around…)
On appeal, the Supreme Court concluded that a stipulated record under the circumstances was insufficient for the defense to meet its burden, and required a more robust evidentiary record. Therefore, the Torsilieri Court remanded the case to allow the Commonwealth to further develop the record in order to present its own scientific evidence. In their Opinion, the Supreme Court questioned the constitutionality of SORNA and stated:
“Based on the evidence relied upon by the trial court, Appellee poses colorable constitutional challenges to Revised Subchapter H’s registration and notification provisions based upon his asserted refutation of two critical legislative determinations: (1) that all sexual offenders pose a high risk of recidivation and (2) that the tier-based registration system of Revised Subchapter H protects the public from the alleged danger of recidivist sexual offenders.” Commonwealth v. Torsilieri, 232 A.23d 567 (Pa. 2020), 584, 594.
Back to Chester County
On August 22, 2022, after a three day hearing, the Chester County Court of Common Pleas ruled in Mr. Torsilieri’s favor and declared SORNA unconstitutional. They found SORNA unconstitutional on several grounds:
- it employs an irrebuttable presumption that all sex offenders are likely to reoffend,
- because of its punitive nature,
- registration requirements exceed the results in a criminal sentence in excess of the statutory maximums of the crimes,
- it violates Federal and State proscriptions against cruel and unusual punishment, and
- SORNA is unconstitutional and breaches the separation of powers doctrine.
The Opinion is sweeping and conclusive. The Trial Court found based on the evidence of scientific and academic consensus presented, that SORNA laws do not have the effect on recidivism and public safety anticipated by the Legislature, and that they are not rationally related to the purposes for which they were enacted.
Back to the Supreme Court again…
The Chester County District Attorney immediately appealed this decision to the Supreme Court. Arguments were on May 23, 2023. But the Court still has not rendered a decision!!! This is because the Court knows the case affects thousands! But justice delayed is justice denied…
Based off the record before the Court, the attorneys at Fairlie & Lippy believe the defense will prevail and SORNA will be found unconstitutional. This would permit thousands of people registering as sex offenders to re-open the record and have an evidentiary hearing to determine if they are likely going to reoffend. If you are on Megan’s Law and have reported for several years without a violation, you will have a good argument to be released from the registry. The attorneys at Fairlie & Lippy are ready to challenge the law for these people. If you wish for us to review the facts of your case for a review fee of $500 you should call us at (215) 997-1000.
19 comments:
It is my belief that there is no circumstance where these Sex Offender Registry laws will ever truly be constitutional. A hearing while under the guise it affords due process, in reality is a perversion of it. Being required to endure 50 different states registration determination hearings, because none of them are bound by the full faith and credit clause, renders SORNA and all of its proliferated state registries, fatally flawed. Once someone has the tact and determination to adequately demonstrate this to the courts, they will be compelled to dismantle all of it. The government can not bury its citizens in endless oppressive litigation for one offense.
I was convicted on 1988. 5 day trial and was sentence to 18 years in tdcj. Upon My release in 2006 I was order to register. The victim was 24 and I was 20. Was charged under the law of parties. I served ALL my sentence. Have been registering for 18. Low risk and once a year. I’ve been a single parent of 5 kids. Two girls and 3 boys ALL in school. On March 15,2024 I filed Petition for exemption from registering as a sex offender. Pro’Se in Texas.
We are only licensed in Pennsylvania. You should contact a lawyer in Texas to review your case.
I’ve seen this case and been trying to find updates on WestLaw. I’m a non hands on contact SO and my supervised release ends in 5 years, but I would still have 15 years to register. In my opinion that would exceed the statutory maximum because if something minor happened (like forgetting to register) I can go back to prison, but my whole sentence would have been completed.
With my studies in law for nearly 8 years cause I feel I have to defend my battles cause no one will do it for me. But I think if you argued that the States compell you to put information on a public website is totally against your rights especially the first amendment. In Hale v Hankel the Supreme Court said “No one owes the public anything, as long as you don’t trespass against their rights”. I interpret that as universal. It’s a principle. Also no one argues that Statutes , city ordinancees etc are unconstitutional if it’s repundant to the constitution. It clearly says “no state shall make or enforce law if it’s against the constitution”.
One day I’ll gather my facts, elements and support my cause of action and lawfully hold these public officials accountable for violating my constitutional rights if I seek my remedy in court. And if I can prove it’s an unlawful order or arguments, then file claims against their liability bond. It’s like what else can we do? In litigation I must follow the rules of the court, procedures and evidence. So if I’m providing my elements to support my cause of action and then demand an order, but still get denied anyway, then other remedies must be followed. People forget every public official must take an Oath to support and defend the constitution. So hold it them to it!!!
We had the chance to chat a couple of months ago and I live in South Carolina and realize your action only affects Pennsylvania. Over a year ago SORNA was deemed unconstitutional by the SC Supreme Court and offenders can go in front a judge for Judicial review .. however the SC Legislature created a new law to shut down the SC Supreme court .. I was curious if you have made any progress in Pennsylvania ?
There is still no decision in Commonwealth v. Torsilieri by the Pennsylvania Supreme Court determining the constitutionality of SORNA.
if as I understand the SOR of any state is the same as federal, the as scotus said it is constitutional because it is non punitive and a civil issue, how then can you be arrested, tried and convinced of a crime, that is a punitive response to any SOR, hence unconstitutional
You should read the Torsilieri opinion as it does a good job of discussing your question.
Mr. Fairlie … I have been watching this Pennsylvania case with great interest. I have applied for a Pardon in South Carolina and I am hopeful I will prevail but unfortunately, a Pardon in SC does not automatically remove a person from SORNA … I was just curious if or when you think your may receive a judgement in your case determining the constitutionality of SORNA ?
As you said, there are thousands of individuals who will be affected by any decision of the State Supreme Court in this case and that’s the key reason for the delay. If the decision is finally favorable to Mr. Torsilieri, there is the unambiguous possibility that other states may follow suit, a “domino” effect of sorts and this is something that will not be seen through favorable eyes by the SORNA establishment.
In addition to all of the above, if for some reason the court deems SORNA NOT punitive, USE that and go the route of the 13th Amendment. There was a case ruled on by a State supreme court ( but I can’t find it right now) that providing law enforcement with data on a sex offender in perpetuity IS providing a service to law enforcement. Therefore, involuntary servitude is required under threat of harm. It’s straight up involuntary servitude and victims of SORNA BS registry laws should be able to be compensated.
I committed a very low level sexual offense. A misdemeanor on paper. Buy I cannot live where I want, I cannot work where I want. I was living with my girlfriend for a while and US Marshall’s kicked in the door and arrested. That cost me the very lucrative job that I had because fortunately they were not aware of my legal circumstances. Buy I lost mu job, my girlfriend and was forced to move to the country. My career has been impacted because everyone knows my situation. I have a life sentence over a misdemeanor crime. I have tried suicide several times, life seems hopeless.
I had served my full sentence of a 7-14 year sentence. Yes I maxed out all 14 years. I don’t understand how in today’s World how this can even be possible. If you have to register it is truly a LIFE SENTENCE. it is the same as having a life sentence for murder. And what I don’t understand is if you get evaluated by 2 groups, the State of PA will always go with there group and find you a SVP. In my case, there was no Physical or Forensic evidence, as stated by the DA, it was merely word against word. The alleged victim in the Victim Impact Statement wrote,”I feel the same as I would as if nothing ever happened.” During my 14 years of confinement many people contacted the alleged victim and the alleged victim told every person,”Nothing ever happened between us. I was never left alone by my mother for me to tell the truth to the police.” Now how is THAT legal? What recourse do I have? I don’t want the alleged victim punished, but I feel the so called “mother” should be prosecuted. Is there any hope that this matter could go back to Court? Who pays me for the 14 years lost of my life while these people lived life as normal? Is there any hope? Yes I am mad, and anyone would be in my shoes where now the alleged victim is saying they lied on the stand and were afraid to tell the truth due to being afraid of….their mother? What kind of “mother” would have so much hate to put their own child through that? Any help or advice for me would be greatly appreciated!
Unfortunately, a few months back the Pennsylvania Supreme Court did decide the Torsilieri case and the Commonwealth prevailed. SORNA laws are once again deemed constitutional in Pennsylvania. The Court held that the presumption that adult sex offenders pose a higher risk of recidivism does not violate Due Process. There are currently no major cases before the Pennsylvania Supreme Court challenging SORNA, although there is sure to be another one soon. Here is a link to the Torsilieri case if you want to read it. If you would like our attorneys to review your individual reporting requirements to check for defects please call us at 215-997-1000.
I note that the case was decided on May 31, 3 days after this update…
If you find the name of the case you referenced please reply with it.
We are very sorry to hear about the consequences your conviction has had for you. These convictions often do carry a life sentence of sorts. Please seek counseling to help with this burden as it can be overwhelming.
We are sorry to hear this happened to you. It’s hard to say what is legal and what is not legal without reviewing the entire case file. It is certainly not legal to file a false report with the police. If you would like us to review your case please call us at 215-997-1000. You may be time-barred from any relief, but we would be happy to see if you have any viable avenue of relief.
My argument against SORNA and the state code where I’m from, and which is an Indiana code known as the Indiana Sex and Violent Offender Registry is that it’s unconstitutional on the grounds of Preamble liberty perpetuated, Article 1, Section 1 life, liberty, and the pursuit of happiness, peace, safety, and well being.
Section 11. The right of the people to be secure in their persons, houses, papers, and effects.
Section 12 All courts shall be open; and every person, for injury done to him in his person, property, or reputation, shall have remedy by due course of law. Justice shall be administered freely, and without purchase; completely, and without denial; speedily, and without delay.
Section 13. (b) Victims of crime, as defined by law, shall have the right to be treated with fairness, dignity, and respect throughout the criminal justice process; and, as defined by law, to be informed of and present during public hearings and to confer with the prosecution, to the extent that exercising these rights does not infringe upon the constitutional rights of the accused.
Section 14. No person shall be put in jeopardy twice for the same offense. No person, in any criminal prosecution, shall be compelled to testify against himself.
Section 16. Excessive bail shall not be required. Excessive fines shall not be imposed.Cruel and unusual punishments shall not be inflicted. All penalties shall be proportioned to the nature of the offense.
Section 18. Section 18. The penal code shall be founded on the principles of reformation, and not of vindictive justice.
These are not all of the sections apart of my claims against the registry. I will begin with Marbury v. Madison 1803. All laws repugnant to the constitution are void. When act of congress is repugnant to the Constitution, it cannot become law. Obviuously our current Congress is not following post revolutionary war case laws that were meant to protect fundamental rights and that our state constitution already states within Section 13. (b) cannot “infringe upon the constitutional rights of the accused,” in the first place in regards to the act of SORNA this would include. What Congress and the legislators of the states have done is taken Americans historically on behalf of Megans Law, Zacherys Law, and Jacobwetterlings Law and have turned Americans into their own Constitution with stipulated provisions and classifications that are repugnant to the Federal and state Constitutions. This is effectively and precisely bypassing the Constitution in violation of, “The provisions of the bill of rights will be enfored independent of statutory enactments.” Schembri v. Shearer 1935. This can arguably be a coup on both the Constitution and existing case laws. And what they’ve done resembles British law making where under the King and Queen there was no Constitution, or a bill of rights and they had omnipotent power to enact laws on behalf of themsevles that disregarded Liberty and Justice for the people. ALl they’re doing is forcing Americans to barter away their basic fundamental rights to partake in a legal fiction of identifying as a Sex Offender against our state constitutional liberty to the right of reputation. Also Article VI of the U.S. already states all statutes, code rules contracts repugnant to the constitution are void, so I’m not sure exactly how they’re continuing the illegal assault and waging of war against our founding documents. It’s two faced behavior.
Or contact me privately:
steve@fairlielaw.com
(215) 997–1000