In the Interest of: A.J.L. Appeal of: A.J.L.

J-A06038-15
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN THE INTEREST OF: A.J.L., A MINOR IN THE SUPERIOR COURT OF
PENNSYLVANIA
APPEAL OF: A.J.L.
No. 727 EDA 2014
Appeal from the Dispositional Order January 28, 2014
In the Court of Common Pleas of Northampton County
Criminal Division at No(s): CP-48-JV-0000442-2013
BEFORE: PANELLA, J., OTT, J., and JENKINS, J.
JUDGMENT ORDER BY JENKINS, J.: FILED FEBRUARY 24, 2015
Appellant A.J.L., a juvenile, appeals from an order of the Northampton
County Court of Common Pleas adjudicating Appellant delinquent and
requiring that he register pursuant to the Sex Offenders Registration and
Notification Act (“SORNA”), 42 Pa.C.S.A. § 9799.10, et seq. We strike the
requirement that Appellant register pursuant to SORNA. We affirm the
delinquency adjudication and dispositional order in all other respects.
On January 6, 2015, Appellant entered an admission to one count of
involuntary deviate sexual intercourse. N.T., 1-6/2014, at 4-13. The court
ordered that Appellant undergo psychiatric, psychological, and sexual
behavioral evaluations. Id. at 20. The court further ordered that Appellant
comply with SORNA’s lifetime registration requirements. N.T., 1-6/2014, at
20.
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On January 28, 2014, the court conducted a disposition hearing and
committed Appellant to the Northampton County Juvenile Justice Center’s
Specialized Treatment Unit. N.T., 1/28/2014, at 28.
On February 27, 2014, Appellant filed a timely notice of appeal. On
April 1, 2014, Appellant filed a concise statement of errors complained of on
appeal pursuant to Pennsylvania Rule of Appellant Procedure 1925(b). On
April 17, 2014, the trial court issued its Rule 1925(a) opinion.1
Appellant raises the following issues on appeal:
1. IS JUVENILE SEX OFFENDER REGISTRATION UNDER 42
Pa.C.S. § 9799.10 et seq. INCONSISTENT WITH THE
JUVENILE ACT?
2. DOES JUVENILE SEX OFFENDER REGISTRATION UNDER
42 Pa.C.S. § 9799.10 et seq CONSTITUTE PUNISHMENT?
3. DOES JUVENILE SEX OFFENDER REGISTRATION UNDER
42 Pa.C.S. § 9799.10 et seq CREATE AN IRREBUTTABLE
PRESUMPTION THAT VIOLATES A JUVENILE’S RIGHT TO
DUE PROCESS?
4. DOES JUVENILE SEX OFFENDER REGISTRATION UNDER
42 Pa.C.S. § 9799.10 et seq VIOLATE A JUVENILE’S RIGHT
OF REPUTATION?
5. DOES JUVENILE SEX OFFENDER REGISTRATION UNDER
42 Pa.C.S. § 9799.10 et seq VIOLATE THE CRUEL AND
UNUSUAL PUNISHMENT CLAUSES OF THE PENNSYLVANIA
AND UNITED STATES CONSTITUTIONS?
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1
In its 1925(a) opinion, the trial court found the SORNA registration
requirements as applied to juveniles unconstitutional. Opinion, 4/17/2014,
at 13.
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Appellant’s Brief at 4. All issues challenge the application of SORNA to
juveniles.
On December 29, 2014, the Supreme Court of Pennsylvania found
SORNA’s lifetime registration requirements violated juvenile offenders’ due
process rights. In re J.B., --- A.3d ---, 2014 WL 7369785, at *13 (Pa. Dec.
29, 2014). The Supreme Court found juveniles have a constitutionally
protected interest in their reputation. It found SORNA encroaches upon this
protected interest by the use of an irrebuttable presumption, i.e., that the
juveniles “pose a high risk of committing additional sexual offenses.” Id. at
*10 (citing 42 Pa.C.S. § 9799.11(a)(4)). The Court found SORNA’s
irrebuttable presumption was not universally true when applied to juveniles
and reasonable alternative means existed to determine whether a juvenile
posed a high risk of committing an additional offense, including individual
risk assessments. Id. at *11-12.
Pursuant to In re J.B., SORNA is unconstitutional as applied to
Appellant, a juvenile. Appellant shall not be subject to SORNA’s registration
requirements.
Requirement that Appellant register pursuant to SORNA stricken.
Adjudication of delinquency and dispositional order affirmed in all other
respects.
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Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 2/24/2015
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