A.S. v. Pennsylvania State Police
87 A.3d 914
Pa. Commw. Ct.2014Background
- A.S., 21, engaged in consensual sex with a 16-year-old, leading to photographs of the minor; age of consent in PA is 16.
- A.S. pled guilty to three offenses: 6312(b) (sexual abuse of children), 6318(a)(5) (unlawful contact with a minor), and 6301 (corruption of minors).
- Sentencing imposed concurrent 5–23 month terms and a consecutive 5-year probation; informally understood to require ten-year registration under Megan’s Law II.
- At sentencing, the court and prosecutors treated A.S. as subject to ten-year registration, not lifetime; mother testified to a ten-year component.
- A.S. registered as a sex offender in 2002; after ten years (August 2012) sought removal; PSP refused, asserting two offenses triggered lifetime registration under former 9795.1(b)(1).
- A.S. filed a Petition for Review in mandamus seeking to compel PSP to reclassify to a ten-year registration; PSP moved for summary relief; both sides moved for summary relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether two predicate offenses constitute one or two convictions | A.S. argues two convictions arose from a single act; thus ten years, not lifetime. | PSP contends two offenses are two convictions under 9795.1(b)(1) trigger lifetime. | Two offenses should be treated as one where part of a single criminal episode; ten-year registration applies. |
| Whether A.S. is entitled to mandamus relief | PSP erred in its statutory interpretation; misclassification violated governing law and public safety. | PSP's interpretation was correct; A.S. has no clear right to mandamus to change status. | A.S. is entitled to mandamus relief to reclassify to ten-year registration. |
Key Cases Cited
- Commonwealth v. Gehris, 618 Pa. 104 (2012) (discussion of two subsections (a) offenses arising from one information; recidivist philosophy; no binding precedent but persuasive)
- Commonwealth v. Leidig, 598 Pa. 211 (2008) (Megan’s Law II collateral consequences; plea validity and registration duration considerations)
- Commonwealth v. Merolla, 909 A.2d 337 (Pa.Super.2006) (two indecent assault convictions → lifetime registration under Megan’s Law II; recidivist philosophy context)
- Commonwealth v. Jarowecki, 604 Pa. 242 (2009) (recidivist philosophy and interpretive framework for overlapping offenses under 6312)
- Commonwealth v. Hude, 500 Pa. 482 (1983) (single criminal episode; logical relationship of offenses; flexible transaction concept)