Commonwealth v. Butler
173 A.3d 1212
| Pa. Super. Ct. | 2017Background
- Between Oct 2013 and June 2014, then‑21‑year‑old Joseph Butler had sexual intercourse ~50 times with a 15‑year‑old; he pled guilty to statutory sexual assault and corruption of minors.
- Under SORNA, the trial court ordered a Sexual Offender Assessment Board (SOAB) evaluation and deferred sentencing.
- On July 25, 2016 the trial court designated Butler a Sexually Violent Predator (SVP) after an SVP hearing, finding the Commonwealth proved SVP status by clear and convincing evidence.
- The SVP designation increased Butler’s registration exposure from 15 years (Tier I) to lifetime registration; the court issued lifetime‑registration notice and sentenced Butler to 12–30 months’ imprisonment + 90 months’ probation.
- After Commonwealth v. Muniz held SORNA’s registration requirements are punitive, the Superior Court reviewed (sua sponte) whether 42 Pa.C.S.A. § 9799.24(e)(3), which makes the trial court the factfinder and requires proof by clear and convincing evidence for SVP designation, is constitutional under Apprendi/Alleyne principles.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Commonwealth proved by C&C evidence that Butler is an SVP | Commonwealth: SOAB report and hearing evidence satisfy clear and convincing standard for SVP designation | Butler: challenges sufficiency and constitutionality of SVP process (also argued reputation claim) | Court vacated SVP designation; did not resolve sufficiency because statutory SVP mechanism is unconstitutional |
| Whether § 9799.24(e)(3) (trial court as factfinder; C&C standard) is constitutional given Muniz, Apprendi, Alleyne | Commonwealth: statutory scheme valid; SVP process civil and procedural | Butler: designation increases punishment (registration term) without jury/Beyond‑reasonable‑doubt finding | Held § 9799.24(e)(3) unconstitutional because SORNA registration is punitive and facts increasing criminal penalty must be found by the chosen factfinder beyond a reasonable doubt; SVP hearings/designations under § 9799.24(e)(3) invalid until legislature enacts a constitutional mechanism; remanded to notify Butler of 15‑year registration obligation |
Key Cases Cited
- Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2017) (held SORNA registration requirements are punitive)
- Apprendi v. New Jersey, 530 U.S. 466 (2000) (facts increasing penalty must be submitted to a jury and proved beyond a reasonable doubt)
- Alleyne v. United States, 133 S. Ct. 2151 (2013) (facts that increase mandatory minimum are elements requiring jury BARD)
- Commonwealth v. Lee, 935 A.2d 865 (Pa. 2007) (discussion of Apprendi in the context of sex‑offender registration)
- Commonwealth v. Barnes, 151 A.3d 121 (Pa. 2016) (defining illegal‑sentence claims and preservation principles)