Commonwealth v. Derhammer
134 A.3d 1066
Pa. Super. Ct.2016Background
- Derhammer, convicted in 1995 of involuntary deviate sexual intercourse, was subject to lifetime sex-offender registration. He moved in April 2009 and reported a new address on April 6, 2009; police later investigated an arson/homicide at his former residence.
- Commonwealth charged him with failing to register under 18 Pa.C.S. § 4915 (Megan’s Law III) in 2010; he was tried, convicted, sentenced, failed to appeal, then obtained PCRA relief and was retried.
- Between his first trial and retrial, the Pennsylvania Supreme Court in Commonwealth v. Neiman declared Act 152 of 2004 (Megan’s Law III) unconstitutional. Meanwhile SORNA (18 Pa.C.S. § 4915.1) had been enacted in 2011 and became effective December 20, 2012.
- The trial court denied Derhammer’s motion to dismiss based on Neiman, accepted the transcript of the first trial as evidence at retrial, convicted him of failing to register and sentenced him to a second-degree felony term.
- On appeal Derhammer argued his conviction under § 4915 was void after Neiman; the Commonwealth argued Act 19 and/or § 4915.1 preserved criminal liability and that intervening statutes and amendments kept the offense in force.
- The Superior Court affirmed, concluding the crime of failing to register was never decriminalized because SORNA’s § 4915.1 and intervening amendments (notably the 2006 change to a 48-hour reporting rule) preserved or validly reenacted the offense and grading applicable to Derhammer.
Issues
| Issue | Appellant's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether conviction under 18 Pa.C.S. § 4915 (Megan’s Law III) is void after Neiman | § 4915 was rendered unconstitutional by Neiman; conviction under that void statute violates due process | The crime of failing to register was preserved by legislative action (SORNA § 4915.1 and Act 19) and/or by reenactment principles; liability continued | Held: No due-process violation; the underlying offense was never decriminalized because § 4915.1 (SORNA) and prior valid amendments preserved the criminal prohibitions |
| Whether Act 19 had to expressly re-enact § 4915 to preserve prosecutions | Act 19 did not re-enact § 4915, so prosecutions under § 4915 are void | Reenactment by SORNA (§ 4915.1) and legislative intent preserved liability; explicit re-enactment in Act 19 not required | Held: Not required; § 4915.1 (passed before Neiman) and reenactment principles preserved the offense |
| Applicability of pre- and post-enactment reporting periods (ten days vs. 48 hours vs. three business days) | Applying newer SORNA reporting periods would criminalize conduct that was lawful under earlier law | Legislative amendments (2006 Act 178 and later SORNA) validly altered reporting periods and grading; Derhammer in fact reported within three business days | Held: Defendant did not violate original Megan’s Law II (ten days) or SORNA (three business days); but Act 178 (48-hour rule) validly amended applicable law and supports conviction |
| Whether charging document’s citation to § 4915 (vs. § 4915.1) was fatal | Charging under § 4915 (void) required dismissal or recharging under § 4915.1 | Citation error is not dispositive; information need not cite the exact statutory subsection; Pa.R.Crim.P. 560(C) allows minor citation errors | Held: Citation defect not fatal; the information was sufficient and conviction stands |
Key Cases Cited
- Commonwealth v. Neiman, 624 Pa. 53, 84 A.3d 603 (Penn. 2013) (invalidated Act 152 of 2004, i.e., Megan’s Law III, on single-subject grounds)
- Commonwealth v. Williams, 557 Pa. 285, 733 A.2d 593 (Pa. 1999) (addressed SVP classification under Megan’s Law I)
- Commonwealth v. Williams, 574 Pa. 487, 832 A.2d 962 (Pa. 2003) (struck down certain lifetime-probation/incarceration penalties in Megan’s Law II)
- Beattie v. Commonwealth, 93 Pa. Super. 404 (Pa. Super. 1928) (reenactment doctrine: re-enacted provisions preserve prosecutions despite repeal)
- In re Dandridge, 462 Pa. 67, 337 A.2d 885 (Pa. 1975) (repeal of ethical canons did not preclude discipline where successor code reached same conduct; citation errors in charges not fatal)
- Ex parte Siebold, 100 U.S. 371 (U.S. 1880) (discusses doctrine that an unconstitutional law is void ab initio; discussed but distinguished by the court)
- Commonwealth ex rel. Schnader v. Great American Indem. Co., 312 Pa. 183, 167 A. 793 (Pa. 1933) (amendatory statutes stand on their own; an amended provision is legislative language and valid independently)