Commonwealth v. Moody

843 A.2d 402, 2004 Pa. Super. 33, 2004 Pa. Super. LEXIS 107
CourtSuperior Court of Pennsylvania
DecidedFebruary 13, 2004
StatusPublished
Cited by27 cases

This text of 843 A.2d 402 (Commonwealth v. Moody) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Moody, 843 A.2d 402, 2004 Pa. Super. 33, 2004 Pa. Super. LEXIS 107 (Pa. Ct. App. 2004).

Opinion

OPINION BY

OLSZEWSKI, J.:

¶ 1 Terrance Moody (appellant/defendant) appeals from his sentence and determination as a sexually violent predator. Appellant pled guilty to various charges arising out of an incident involving the sexual abuse of his step-daughter and a neighboring child. The Court of Common Pleas of Dauphin County (Lewis, J.), sentenced appellant to a prison term of twelve to forty-four years and found appellant to be a sexually violent predator. Appellant is only challenging the determination that he is a sexually violent predator.

¶ 2 Upon release from prison, a sexually violent predator (SVP) is required to register his name and address with the State Police. 42 Pa.C.S.A. § 9796. In turn, authorities are required to release the SVP’s name, address, photograph, criminal charges, and the fact that he is an SVP to various statutorily authorized persons and *405 organizations (such as the victim, neighbors, and schools). 42 Pa.C.S.A. §§ 9797 — 9798. These requirements make up what is commonly referred to as Megan’s Law.

¶ 3 Appellant makes thirteen individual attacks on either his individual finding that he is an SVP or on the general constitutionality of Megan’s Law. We find that none of appellant’s arguments have any merit; therefore, we affirm the decision of the lower court.

¶4 Many of appellant’s arguments involve constitutional attacks on Megan’s Law. Appellant’s arguments stem from his claim that the requirements of Megan’s Law are punitive in nature. Recently, our Supreme Court held that the “registration, notification, and counseling provisions [of Megan’s Law] constitute non-punitive, regulatory measures supporting a legitimate governmental purpose.” Commonwealth v. Williams, 574 Pa. 487, 832 A.2d 962, 986 (2003). Therefore, appellant’s constitutional claims that are criminal in nature 1 have no merit.

¶ 5 Appellant’s claim number 6 (that Megan’s Law is void for vagueness) also has no merit. See Commonwealth v. Rhoads, 836 A.2d 159, 162-63 (Pa.Super.2003) (Megan’s Law is “sufficiently clear and specific” and is therefore not void for vagueness).

¶ 6 Additionally, the 11th claim asserted by appellant (that Megan’s Law is in violation of the doctrine of separation of powers) has no merit. See Rhoads, 836 A.2d at 163 (Megan’s Law does not offend the separation of powers doctrine because the law is substantive, not procedural).

¶ 7 Appellant’s claim number 12 (that Megan’s Law violates the legislative rule that no bill may contain more than one subject) equally has no merit. See Rhoads, 836 A.2d at 163 (Megan’s Law does not offend the one-bill/one-subject requirement because all the laws passed in the bill containing Megan’s law were germane to one general subject).

¶ 8 Appellant’s other constitutional claims require brief discussion, but are all without merit.

¶ 9 In claim number 2, appellant argues that Megan’s law violates his constitutional right to travel. The right to travel embraces three factors:

(1) “the right of a citizen of one State to enter and leave another State,
(2) “the right to be treated as a welcome visitor rather than an unfriendly alien, and
(3) “the right to be treated like citizens of that State.”

Wert v. Commonwealth, 821 A.2d 182, 188 (Pa.Cmwlth.2003) (citing Saenz v. Roe, 526 U.S. 489, 500, 119 S.Ct. 1518, 143 L.Ed.2d 689 (1999)). Appellant argues that should he choose to move to another state at a future point in time, he would be subject to different reporting rules. First, we note that this argument clearly defeats the constitutional claim. Appellant argues that he would be treated like citizens of his new state, and that this is unfair because he was convicted in Pennsylvania. This argument goes against the very principle that appellant uses to argue his case.

¶ 10 Our research has revealed little case law on the subject A recent Federal District Court opinion (for the Western *406 District of Pennsylvania) has, however, addressed the reverse issue: a non-Pennsylvania SVP relocating to Pennsylvania. The Court found that the right to travel was not implicated because “as a general proposition, convicted persons.. enjoy no fundamental right to travel.” Lines v. Wargo, 271 F.Supp.2d 649, 661 (W.D.Pa.2003). The Court also stated that if the SVP had a right to travel, the SVP must show (first) that he was subjected to disparate treatment, and (second) that there is a “compelling purpose justifying the disparate treatment and... [that] the classification is narrowly drawn to achieve that purpose.” Lines, 271 F.Supp.2d at 662. For appellant to succeed on a right to travel claim, he must prove that he received different treatment in another state than did an SVP from that state. Because appellant has yet to relocate, this issue is not ripe for adjudication.

¶ 11 In claim number 9, appellant argues that Megan’s Law violates the privilege against self-incrimination. The privilege against self-incrimination “does not extend to consequences of a noncriminal nature such as threats of liability in a civil suit, disgrace in the community or loss of employment.” Weaver v. Pennsylvania Board of Probation and Parole, 688 A.2d 766, 778 (Pa.Cmwlth.1997) (quoting United States v. Apfelbaum, 445 U.S. 115, 100 S.Ct. 948, 63 L.Ed.2d 250 (1980)). Because Megan’s Law is non-punitive, it is non-criminal, and therefore the privilege against self-incrimination does not apply to SVP assessments. See also Commonwealth v. Kopicz, 840 A.2d 342, 350 (Pa.Super.2003).

¶ 12- Appellant, in claim number 10, asserts that Megan’s Law violates the privilege of confidential communications between a psychotherapist and a patient. He claims that any statements made by him to a psychotherapist are necessarily privileged, and cannot be introduced in court. While opinions, observations, and diagnosis are not protected by the privilege, Com monwealth v. G.P., 765 A.2d 363 (Pa.Super.2000), statements made to a psychotherapist are protected by the privilege, so long as the statements were made “in the course of his professional services in behalf of such client.” 42 Pa.C.S.A. § 5944.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Com. v. Santiago, M.
Superior Court of Pennsylvania, 2025
Com. v. Matsinger, C.
Superior Court of Pennsylvania, 2024
J.M.G. v. PSP
Commonwealth Court of Pennsylvania, 2023
Com. v. Weaver, N.
Superior Court of Pennsylvania, 2023
R. James v. Community College of Allegheny County
Commonwealth Court of Pennsylvania, 2021
Com. v. Moore, L.
Superior Court of Pennsylvania, 2020
Com. v. Kelly, M.
Superior Court of Pennsylvania, 2020
Com. v. Metterhauser, T.
Superior Court of Pennsylvania, 2018
Com. v. Moody, T.
Superior Court of Pennsylvania, 2017
Com. v. McDonald, J.
Superior Court of Pennsylvania, 2015
Com. v. Kulp, J.
Superior Court of Pennsylvania, 2015
Com. v. Blakeslee, S.
Superior Court of Pennsylvania, 2015
Com. v. Hammaker, D.
Superior Court of Pennsylvania, 2015
Com. v. South, C.
Superior Court of Pennsylvania, 2014
In re D.M.W.
86 A.3d 235 (Superior Court of Pennsylvania, 2014)
M.M. v. L.M.
55 A.3d 1167 (Superior Court of Pennsylvania, 2012)
Commonwealth v. Baker
24 A.3d 1006 (Superior Court of Pennsylvania, 2011)
Behar v. Pennsylvania Department of Transportation
791 F. Supp. 2d 383 (M.D. Pennsylvania, 2011)
Gates v. Gates
967 A.2d 1024 (Superior Court of Pennsylvania, 2009)
Commonwealth v. Gamelli
2 Pa. D. & C.5th 27 (Bucks County Court of Common Pleas, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
843 A.2d 402, 2004 Pa. Super. 33, 2004 Pa. Super. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-moody-pasuperct-2004.