Commonwealth v. Lutz-Morrison, T., Aplt.
2016 Pa. LEXIS 1775
| Pa. | 2016Background
- Appellant Thomas Lutz‑Morrison was charged after police seized computers and an iPhone that contained child pornography; he pleaded guilty to three counts of possession of child pornography (18 Pa.C.S. § 6312(d)).
- The trial court sentenced him to probation and informed him SORNA would classify him as a Tier III (lifetime) registrant based on "two or more convictions" language in 42 Pa.C.S. § 9799.14(d)(16).
- Appellant objected, arguing the lifetime trigger should not apply where multiple convictions arise from a single nonviolent course of conduct and a single plea/hearing.
- The Superior Court affirmed, relying on its precedent (Commonwealth v. Merolla) and earlier Pennsylvania case law holding the plain text triggers lifetime registration even if convictions arise from the same information.
- The Pennsylvania Supreme Court granted review and, following its decision in A.S. v. Pennsylvania State Police, held the SORNA provision is ambiguous and must be read consistent with a recidivist scheme: multiple convictions require separate subsequent criminal acts to trigger lifetime registration.
Issues
| Issue | Appellant's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether "two or more convictions of offenses listed as Tier I or Tier II" in § 9799.14(d)(16) triggers lifetime registration when multiple convictions arise from a single information/plea | The phrase is ambiguous and should be read to require sequential prosecutions/ separate subsequent acts (i.e., recidivist conduct) before lifetime registration applies | Plain statutory language triggers lifetime registration whenever a person has two or more qualifying convictions, even if from the same proceeding/information | The statute is susceptible to two reasonable constructions; construed in light of SORNA's recidivist structure to require a subsequent act/conviction to trigger lifetime registration (reversed and remanded for Tier I classification) |
Key Cases Cited
- A.S. v. Pennsylvania State Police, 143 A.3d 896 (Pa. 2016) (construing identical "two or more convictions" language and requiring a recidivist reading)
- Commonwealth v. Gehris, 54 A.3d 862 (Pa. 2012) (opinions addressing interpretation of similar Megan's Law language)
- Commonwealth v. Merolla, 909 A.2d 337 (Pa. Super. 2006) (Superior Court precedent treating multiple convictions from same information as sufficient to trigger enhanced registration)
- Commonwealth v. Farabaugh, 128 A.3d 1191 (Pa. 2015) (background on SORNA and tiered registration scheme)
- In re J.B., 107 A.3d 1 (Pa. 2014) (context on SORNA jurisprudence)
- Commonwealth v. Davidson, 938 A.2d 198 (Pa. 2007) (criminal-law principle that each image can constitute a separate offense; distinguished from registration analysis)