Commonwealth v. Mullins

70 Pa. D. & C.4th 462, 2005 Pa. Dist. & Cnty. Dec. LEXIS 159
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedFebruary 14, 2005
Docketno. 2003-04098
StatusPublished
Cited by2 cases

This text of 70 Pa. D. & C.4th 462 (Commonwealth v. Mullins) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Mullins, 70 Pa. D. & C.4th 462, 2005 Pa. Dist. & Cnty. Dec. LEXIS 159 (Pa. Super. Ct. 2005).

Opinion

GOLDBERG, J.,

This opinion is written pursuant to Thomas Mullins’ (petitioner) post-sentence motion challenging the constitutionality of the Pennsylvania Registration of Sexual Offender’s Act, commonly known as Megan’s Law II. The primary issues presented by petitioner are whether: (1) the absence of judicial review for the lifetime reporting, notification and counseling provisions of the Act render Megan’s Law

11 unconstitutionally excessive and (2) whether Megan’s Law II is unconstitutionally vague.

PROCEDURAL HISTORY

Petitioner was originally charged with involuntary deviate sexual intercourse and related offenses. These charges were brought as a result of petitioner’s molestation of his 12-year-old stepdaughter. (N.T. 11/12/03, p. 89.) On November 12, 2003, petitioner pled guilty to these charges and was subsequently sentenced to six to 12 years incarceration.

In summary, the facts of the record at the guilty plea hearing reflect that petitioner began to sexually assault his stepdaughter when she was between first and second grade. (N.T. 11/12/03, p. 117.) Specifically, while the victim’s mother was away on business trips, petitioner forced her to perform oral sex on him and to manually stimulate his penis. (N.T. 11/12/03, p. 117.) During these assaults, petitioner took off all of his clothing and per[465]*465suaded the victim to also remove her clothing. (N.T. 11/ 12/03, p. 117.) At the conclusion of these encounters, petitioner would ejaculate in a towel, telling his victim that this will “make us seem more like a family” and that “every dad and daughter does it.” (N.T. 11/12/03, pp. 117-18.) On at least one occasion, petitioner rubbed the victim’s vagina and tried to place his finger inside, but the victim stopped him after he had gotten past the labia of her vagina. (N.T. 11/12/03, pp. 117-18.) On other occasions, petitioner also forced the victim to view pornographic movies, during which he masturbated in front of her. (N.T. 11/12/03, p. 118.)

On May 7, 2004, a hearing was held before the Honorable Mitchell S. Goldberg on the Commonwealth’s motion that petitioner be classified as a sexually violent predator (SVP). At the conclusion of this hearing Judge Goldberg found that the Commonwealth had proven by clear and convincing evidence that petitioner was an SVP. Petitioner filed post-sentence motions on May 20,2004, seeking reconsideration of the finding of SVP status and requested a hearing to challenge the constitutionality of Megan’s Law II. This hearing was held on September 28, 2004, before Judge Goldberg and continued to November 4, 2004. At these hearings, Dr. Timothy Foley testified as petitioner’s expert witness and Dr. Veronique Valliere testified as the Commonwealth’s expert witness. Thereafter, oral argument was held before a three-judge panel of the Bucks County Court of Common Pleas— the Honorable John J. Rufe, the Honorable Albert J. Cepparulo, and the Honorable Mitchell S. Goldberg. Numerous briefs and supplemental materials were submitted by petitioner, the Commonwealth and the Phila[466]*466delphia Public Defender’s office, which filed an extensive amicus curiae brief to assist this court in deciding the instant matter.

This opinion will consider only the constitutionality of Megan’s Law II as it relates to the statute’s lack of judicial reviewability of the SVP finding and whether the statute is unconstitutionally vague in its imprecision of terms or its method of prediction.

The Pennsylvania Supreme Court decided the constitutionality of the lifetime registration, notification and counseling requirements, with no subsequent judicial review, in Commonwealth v. Williams, 574 Pa. 487, 832 A.2d 962 (2003) (Williams II). To address the concerns raised by the Supreme Court in Williams II, we granted petitioner and Commonwealth an opportunity to offer evidence regarding whether Megan’s Law II is excessive as a civil statute and, thus, unconstitutionally punitive. After review of the evidence presented, we find that petitioner has not produced sufficient evidence to satisfy the burden established by Williams II and, accordingly, on the record before us, we uphold the constitutionality of Megan’s Law II.

Petitioner’s claim that Megan’s Law II is unconstitutionally vague must also be rejected by this court because the precedent established in Commonwealth v. Howe, 842 A.2d 436 (Pa. Super. 2004), cannot be disturbed on the record before us. Finally, petitioner’s contention that Megan’s Law II is unconstitutionally vague based on the unreliability of the methods used by the Sexual Offenders’Assessment Board (SOAB) in assessing SVP status is likewise rejected based on the insufficiency of evidence in the record.

[467]*467BACKGROUND

Originally enacted in 1995, Megan’s Law seeks to protect the safety and welfare of Pennsylvanians by requiring mandatoiy registration and community notification for sexual offenders who are about to be released from incarceration by the state. 42 Pa.C.S. §9791(b). Under the provisions set forth in the Act, a person convicted of a specified predicate offense1 is obligated to register with the Pennsylvania State Police upon his release from prison and annually verify his residence for a period of 10 years. Commonwealth v. Kopicz, 840 A.2d 342, 346 (Pa. Super. 2003); 42 Pa.C.S. §§9795.1, 9796(b).

Subsequent to conviction of a predicate offense, a process begins to ascertain whether the person should be classified as an SVP.2 Those classified as SVPs are subject to reporting requirements for their lifetime and must attend approved monthly counseling. 42 Pa.C.S. §§9795.1(b), 9796(a), 9799.4. In the case of an SVP, local law enforcement is also charged with: “notifying] the individual’s neighbors, as well as day care operators and school officials within the municipality.... The data sent to these recipients includes the offender’s name, address, offense, and photograph (if available), as well as the fact that he has been determined... to be a sexu[468]*468ally violent predator.... The sexually violent predator’s name and address, including any subsequent change of address, is also sent to the victim of the offense . . . .” Williams II, 832 A.2d at 967.

The rationale for creating this separate and more restrictive classification of persons stems from the legislative finding that “sexually violent predators pose a high risk of engaging in further offenses even after being released from incarceration or commitments.” 42 Pa.C.S. §9791(a)(2); Commonwealth v. Haughwout, 837 A.2d 480, 489 (Pa. Super. 2003).

In May of2000, following the Pennsylvania Supreme Court’s decision declaring Megan’s Law I unconstitutional,3 the legislature passed Megan’s Law II to cure the constitutional defects highlighted by the court. Apart from amending the necessary provisions to meet the requirements of the constitution, Megan’s Law II is substantially similar to Megan’s Law I.

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Related

Commonwealth v. Leddington
908 A.2d 328 (Superior Court of Pennsylvania, 2006)
Commonwealth v. Mullins
905 A.2d 1009 (Superior Court of Pennsylvania, 2006)

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Bluebook (online)
70 Pa. D. & C.4th 462, 2005 Pa. Dist. & Cnty. Dec. LEXIS 159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-mullins-pactcomplbucks-2005.