Archive for the ‘Sex Offender’ Category

Foreman & Caraciolo, P.C. in the news

Joseph Caraciolo, Esquire of Foreman & Caraciolo, P.C. was featured in a video and article by Erika Shych of CBS 21 News on July 20, 2017.

The focus of the media coverage was related to the recent Pennsylvania Supreme Court holding that SORNA violats Ex Post Facto provisions of the United States and Pennsylvania Constitution when applied retroactively.

Take a look at our blog on the issue for more detail on the opinion in Commonwealth v. Muniz, 47 MAP 2016.

Registered Sex Offenders May Shorten Registration Period According to PA Supreme Court.

SORNA determined to be an unconstitutional violation of ex post facto laws when applied to former Megan’s Law offenders

In a decision issued by the Pennsylvania Supreme Court on July 19, 2017, the Supreme Court held that imposing the enhanced penalties of the Pennsylvania Sex Offender Registration and Notification Act (SORNA) retroactively is a violation of both the United States Constitutional protection against Ex Post Facto laws and the Pennsylvania Constitution Ex Post Facto Laws. (more…)

Backpage Adult Section, Known by Police as Advertisement of Prostitution, Shut Down

Recently, the website backpage.com has discontinued certain adult oriented sections due to unconstitutional censorship as describe on their webpage. The subpages that are no longer offered or supported by backpage include the “escorts,” “body rubs,” “strippers & strip clubs,” “dom & fetish,” “ts,” “male escorts,” “phone & websites,” and “adult jobs” sections under the adult heading. Although many legitimate people may have advertised in these sections, some of the now closed pages included advertising for services that arguably could be characterized as prostitution. In fact, local police would regularly conduct organized operations using the backpage website making numerous prostitution arrests during the time the site was available. (more…)

Pennsylvania State Police Lack Standing to Pursue SORNA Appeal

The Pennsylvania State Police filed seventy-three (73) appeals to the Superior Court after the Commonwealth and defendants in those cases entered into negotiated plea agreements which would alter registration requirements the defendants would otherwise be required to follow under the Sex Offender Registration and Notification Act (SORNA).   (more…)

The End of Logic in the Law

On December 20, 2012, the amendments to the Sex Offender Notification and Registration Act (otherwise known as SORNA/the Adam Walsh Act/the most illogically crafted legislation in modern Pennsylvania history) will go into affect.  When the initial Adam Wash Act was signed into law, the purpose was to protect children from sexual predators and to prevent known offenders from re-offending.  While few people would advocate against legislation meant to protect children, someone should have been shouting from the rooftops at our state legislators for failing to use their common sense when drafting these amendments. (more…)