Commonwealth v. Peters

79 Pa. D. & C.4th 17
CourtPennsylvania Court of Common Pleas, Lancaster County
DecidedApril 4, 2006
Docketno. 1553-2001
StatusPublished

This text of 79 Pa. D. & C.4th 17 (Commonwealth v. Peters) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lancaster County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Peters, 79 Pa. D. & C.4th 17 (Pa. Super. Ct. 2006).

Opinion

PEREZOUS, J,

On July 12, 2001, defendant, Kevin Lee Peters, pled guilty to five counts of rape (FI),1 three counts of involuntary deviate sexual intercourse (FI),2 one count of indecent assault (Ml),3 two counts of indecent assault (M2),4 and six counts of corruption of minors (Ml).5 After accepting the plea, the court deferred sentencing and ordered defendant to undergo an assessment by the State Sexual Offenders Assessment Board in accordance with the provisions of Pennsylvania’s Megan’s Law.6 Megan’s Law provides [20]*20for the adjudication of the defendant as a “sexually violent predator” (SVP) in a separate proceeding following his conviction of a predicate offense. 42 Pa.C.S. §9795.4(e). Rape, involuntary deviate sexual intercourse, and indecent assault as a misdemeanor of the first degree are predicate offenses under Pennsylvania’s Megan’s Law. 42 Pa.C.S. §9795.1.

On November 15, 2005, a hearing was held to determine whether the defendant was an SVP. At the conclusion of this hearing, the court directed the parties to submit proposed findings of fact and conclusions of law. These were filed by the Commonwealth and the defendant on or about January 13,2006 and February 15,2006, respectively. Based upon a review of the record, together with the proposed findings of fact and conclusions of law provided by the parties, the court makes the following findings of fact and conclusions of law.

FINDINGS OF FACT

(1) Defendant pled guilty to five counts of rape (FI), three counts of involuntary deviate sexual intercourse (FI), one count of indecent assault (Ml), two counts of indecent assault (M2), and six counts of corruption of minors (Ml).

(2) Rape, involuntary deviate sexual intercourse, and indecent assault as a misdemeanor of the first degree are predicate offenses under Pennsylvania’s Megan’s Law.

[21]*21(3) Dr. Robert Stein is a licensed psychologist able to render an opinion on defendant’s possible classification as an SVP.

(4) In rendering his opinion to a reasonable degree of professional certainty, Dr. Stein relied upon a report completed by the board’s investigator, police reports, the victims’ medical reports, Children and Youth reports, DOC records, a prior assessment, and an interview with the defendant.

(5) In rendering his assessment, Dr. Stein addressed a number of issues as required by the statute. Such issues included the number of victims, the nature of the offenses, the relationship between the victim and the offender, the age of the victims, whether or not there was any unusually cruel type of behavior, mental capacity of the victims, any criminal history (non-sexual and sexual), any substance abuse, the age of the offender, and any other factors relevant in the field related to the issue of risk.

(6) The offenses to which the defendant pled guilty involved six victims. All of the victims were young boys. Four of the victims were under 10 years of age. Dr. Stein testified that these factors were relevant to the issue of pedophilia.

(7) The nature of the sexual contact with the victims began with touching, and escalated over time to oral and anal sex. Multiple sex acts occurred in multiple locations. Physical pain was associated with some of the sexual assaults. In at least one case, defendant forced anal intercourse after a boy refused. Dr. Stein testified that these factors were relevant to the issue of predatory behavior.

[22]*22(8) The victims were not strangers to the defendant. They were residents of the group home where he had lived. Dr. Stein testified that this factor related to the predatory nature of the defendant’s behavior.

(9) The defendant would arrange to be alone with the victims for extended periods of time, and would bribe the boys with fishing lures, money and candy. In a fixed and repeated pattern, the defendant would exchange money and gifts in return for sex. Dr. Stein testified that these factors also displayed the predatory nature of the defendant’s behavior.

(10) The victims were of normal mental capacity. Dr. Stein testified that this factor was not relevant in terms of risk that the defendant would re-offend.

(11) Defendant has no prior criminal history, or history of sexual offenses. Dr. Stein testified that this factor would not increase any risk.

(12) Defendant was a daily cocaine and crack user. Dr. Stein testified that it is unclear as to the degree to which drugs impacted these offenses.

(13) Defendant was 25 years old when these sexual offenses started. There is some indication, however, that offending started when he was a teenager. Dr. Stein testified that this factor increases the risk that the defendant is likely to re-offend.

(14) Defendant’s behavior involved sexual interest in young boys. Dr. Stein testified that sexual interest in young boys is associated with higher risk than interest in young girls.

(15) Defendant has a tested IQ in the seventies. Dr. Stein testified this could increase risk based upon diffi[23]*23culties in learning the relapse prevention techniques taught in sex-offender treatment.

(16) Defendant was diagnosed as suffering from pedophilia based upon the age of the victims and the lengthy period of the defendant’s sexual behavior, which included ejaculation associated with the defendant’s sexual interest in young children.

(17) Dr. Stein further opined that the behavior of the defendant was consistent with the statutory definition of predatory behavior.

(18) In Dr. Stein’s opinion, the defendant is likely to engage in predatory sexual behavior, and should be classified as an SVP.

DISCUSSION

Under Megan’s Law II, a defendant convicted of an offense specified in 42 Pa.C.S. §9795.1(a)-(b) is subject to an assessment conducted by the Sexual Offender Assessment Board. 42 Pa.C.S. §9795.4(a). After the trial court orders such an assessment, the Assessment Board’s administrative office designates a member of the board to determine whether the individual should be classified as an SVP. 42 Pa.C.S. §9795.4(b).

An SVP is defined as follows:

“A person who has been convicted of a sexually violent offense as set forth in 9795.1 (relating to registration) and who is determined to be a sexually violent predator under section 9795.4 (relating to assessments) due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.” 42 Pa.C.S. §9792.

[24]*24“Mental abnormality” is defined as “[a] congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons.” Id. A “predatory” offense, moreover, is defined as “[a]n act directed at a stranger or at a person with whom a relationship has been established or promoted for the primary purpose of victimization.” Id.

As our courts have stated, the board’s assessment must first determine the cause of the offense, i.e., whether the offense proceeded from a mental defect/disorder or another factor. Commonwealth

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Bluebook (online)
79 Pa. D. & C.4th 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-peters-pactcompllancas-2006.