If the Defendant was not designated as a sexually violent predator, he would only have been required to register for fifteen years. Additionally, because of his designation as a sexually violent predator, he must register with the Pennsylvania State Police as a sexual offender for life. He was sentenced to thirty months of imprisonment followed by ninety months of probation. Following a hearing, the trial court determined that the Commonwealth proved by clear and convincing evidence that the Defendant was a sexually violent predator. In Butler, the Defendant pled guilty to statutory sexual assault and corruption of minors. Butler, the Superior Court determined that Section 9799.24(e)(3) of SORNA violates both the federal and state constitutions. However, as of October 31, 2017, this is no longer the case. According to Section 9799.24(e)(3) of the Sex Offender Registration and Notification Act, the court alone then determines if the evidence was sufficient to prove the individual is a sexually violent predator. After the assessment, a hearing is then held in which the Commonwealth must prove to the court, by clear and convincing evidence, that the individual is a sexually violent predator. In Pennsylvania, an individual who is convicted of a sexually violent offense must be assessed before sentencing to determine if the individual should be designated as a “sexually violent predator” (SVP).
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