Commonwealth v. Ackley
58 A.3d 1284
| Pa. Super. Ct. | 2012Background
- Ackley pled guilty to rape in 1986 and was sentenced to 5–15 years; released in 2001.
- Megan's Law I (1996) and II (2000) imposed initial and lifetime registration for rape offenders.
- Megan's Law III (2005) added internet posting of lifetime-registrant information under § 9798.1(a).
- Ackley, after release, married and became a father; he is legally blind and has faced harassment due to online postings.
- Ackley pled guilty in 2008 and 2009 to violations of 18 Pa.C.S. § 4915(a); he sought exemption from the internet posting requirements in 2009; the trial court denied relief in 2009 and again in 2011; appellate review ensued.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is § 9798.1 retroactive under ex post facto analysis when applied to Ackley? | Ackley argues the provision imposes punishment after completion of sentence. | Commonwealth relies on Gaffney/Williams to deem the provision remedial and non-punitive. | Not punitive; § 9798.1 applies and is not ex post facto. |
| Whether Ackley is eligible for exemption from § 9798.1 under § 9795.5. | Ackley contends eligibility should be recognized given rehabilitation and health issues. | § 9795.5 requires a 20-year period after conviction for an offense punishable by more than one year; not yet elapsed. | Not eligible; relief denied; 20-year period not satisfied. |
Key Cases Cited
- Commonwealth v. Gaffney, 557 Pa. 327 (1999) (ex post facto analysis framework for Megan's Law registrations)
- Commonwealth v. Williams, 574 Pa. 487 (2003) (noting remedial nature of registration/notification and non-punitive purpose of law)