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The purpose of this article is to educate you all about why these new laws may or may not ultimately be determined to be illegal.The United States Constitution, as well as the Pennsylvania Constitution, contain clauses that prevent legal consequences from being changed retroactively.Please share your stories of how you have been affected by Megan's Law, or how you envision the new laws will negatively affect you.Please note that our firm does not handle registration issues, but strives to provide the public with a clear understanding of the laws.If you will be negatively affected by these new laws, we suggest that you contact the Pennsylvania chapter of RSOL (reform sex offender laws) to join the fight, and/or contact the Pennsylvania ACLU to learn about any current appeals that may be planned. Shrager in Pittsburgh, PA have been successful in precluding Megan's Law registration in some cases.If you are currently being investigated for child sexual abuse, please visit our main website immediately.Although it may be hard to imagine, some high courts have ruled that sex offender registration requirements are not punitive, but are instead collateral consequences. Williams,129 Ohio St.3d 344, 2011-Ohio-3374, the Ohio Supreme Court concluded that the requirements of Ohio's new sex offender laws based upon the Adam Walsh Act had transformed the law from remedial to punitive.

There are basically two "Tiers" of offenders: 1) those that were already required to register, but whose conditions will be changed, and 2) those that were not required to register, and now must.

"In applying the second prong, courts “ordinarily defer to the legislature's stated intent,” and “only the clearest proof will suffice to override legislative intent and transform what has been denominated a civil remedy into a criminal penalty." Ultimately the court ruled that the appellant's loss of pension was a collateral consequence.

Based upon the rationale used by this court, if the PA's new sex offender laws are going to be challenged, the appellant should have "the clearest of proof" that he or she has been subject to punitive consequences as a result of the new laws.

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