§ 9799.13. Applicability.
The following individuals shall register with the Pennsylvania State Police as provided in sections 9799.15 (relating to period of registration), 9799.19 (relating to initial registration) and 9799.25 (relating to verification by sexual offenders and Pennsylvania State Police) and otherwise comply with the provisions of this subchapter:
(1) An individual who, on or after the effective date of this section, is convicted of a sexually violent offense and who has a residence within this Commonwealth or is a transient.
(1.1) An individual who, on or after the effective date of this section, is convicted of a sexually violent offense in this Commonwealth and does not have a residence in this Commonwealth and:
(i) is employed in this Commonwealth; or
(ii) is a student in this Commonwealth.
(1.2) An individual who, on or after the effective date of this section, is convicted of a sexually violent offense and does not have a residence within this Commonwealth or is not a transient in this Commonwealth and:
(i) is employed in this Commonwealth; or
(ii) is a student in this Commonwealth.
(2) An individual who, on or after the effective date of this section, is, as a result of a conviction for a sexually violent offense, an inmate in a State or county correctional institution of this Commonwealth, including a community corrections center or a community contract facility, is being supervised by the Pennsylvania Board of Probation and Parole or county probation or parole, is subject to a sentence of intermediate punishment or has supervision transferred pursuant to the Interstate Compact for Adult Supervision in accordance with section 9799.19(g).
(2.1) An individual who, on or after the effective date of this section, is, as a result of a conviction for a sexually violent offense, an inmate in a Federal correctional institution or is supervised by Federal probation authorities and who:
(i) has a residence within this Commonwealth or is a transient;
(ii) is employed within this Commonwealth; or
(iii) is a student within this Commonwealth.
(3) An individual who:
(i) was required to register with the Pennsylvania State Police pursuant to this subchapter prior to December 20, 2012, and who had not fulfilled the individual's period of registration as of December 20, 2012; or
(ii) was required to register with the Pennsylvania State Police pursuant to this subchapter prior to December 20, 2012, and did not register.
(3.1) The following:
(i) An individual who between January 23, 2005, and December 19, 2012, was:
(A) convicted of a sexually violent offense;
(B) released from a period of incarceration resulting from a conviction for a sexually violent offense; or
(C) under the supervision of the Pennsylvania Board of Probation and Parole or county probation or parole as a result of a conviction for a sexually violent offense.
(ii) For purposes of this paragraph, the term "sexually violent offense" shall have the meaning set forth in section 9799.12 (relating to definitions), except that it shall not include:
(A) Convictions:
(I) Under the following provisions of 18 Pa.C.S. (relating to crimes and offenses):
Section 2902(b) (relating to unlawful restraint).
Section 2903(b) (relating to false imprisonment).
Section 2904 (relating to interference with custody of children).
Section 3122.1 (relating to statutory sexual assault).
Section 6301 (relating to corruption of minors).
Section 7507.1 (relating to invasion of privacy).
(II) For a comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth prior to December 8, 2008.
(B) A conviction under 18 Pa.C.S. § 3126 (relating to indecent assault) where the crime is graded as a misdemeanor of the second degree or where the conviction occurred between January 22, 2006, and January 1, 2007, when the crime is graded as a felony of the third degree.
(3.2) An individual who between December 8, 2008, and December 19, 2012, was:
(i) convicted of conspiracy or solicitation to commit a sexually violent offense as defined in paragraph (3.1);
(ii) released from serving a period of incarceration resulting from a conviction for conspiracy or solicitation to commit a sexually violent offense as defined in paragraph (3.1); or
(iii) under the supervision of the Pennsylvania Board of Probation and Parole or county probation or parole as a result of a conviction for conspiracy or solicitation to commit a sexually violent offense as defined in paragraph (3.1).
(4) (Deleted by amendment).
(4.1) (Deleted by amendment).
(5) (Deleted by amendment).
(6) (Deleted by amendment).
(7) An individual who, on or after the effective date of this section, is required to register in a sexual offender registry in another jurisdiction or in a foreign country based upon a conviction for a sexually violent offense or under a sexual offender statute in the jurisdiction where the individual is convicted and:
(i) has a residence in this Commonwealth or is a transient;
(ii) is employed within this Commonwealth; or
(iii) is a student within this Commonwealth.
(7.1) An individual who, on or after the effective date of this section, is required to register in a sexual offender registry in another jurisdiction or foreign country based upon a conviction of an offense set forth in section 9799.14(b)(23) (relating to sexual offenses and tier system) and:
(i) has a residence in this Commonwealth or is a transient;
(ii) is employed within this Commonwealth; or
(iii) is a student within this Commonwealth.
(7.2) An individual who, on or after the effective date of this paragraph, is convicted of a sexually violent offense in another jurisdiction or foreign country, or is incarcerated or under supervision as a result of a conviction for a sexually violent offense in another jurisdiction or foreign country and:
(i) has a residence in this Commonwealth or is a transient;
(ii) is employed within this Commonwealth; or
(iii) is a student within this Commonwealth.
(8) An individual who, on or after the effective date of this section, is a juvenile offender who was adjudicated delinquent within this Commonwealth or was adjudicated delinquent in another jurisdiction or a foreign country and:
(i) has a residence within this Commonwealth;
(ii) is employed within this Commonwealth; or
(iii) is a student within this Commonwealth.
(8.1) An individual who is a juvenile offender who is adjudicated delinquent in this Commonwealth on or after the effective date of this paragraph but who does not have a residence within this Commonwealth, is not a transient, is not employed in this Commonwealth or is not a student within this Commonwealth must register with the Pennsylvania State Police in accordance with section 9799.19 prior to leaving this Commonwealth.
(8.2) An individual who between January 23, 2005, and December 19, 2012, established a residence or was a transient in this Commonwealth, was employed within this Commonwealth, or was a student in this Commonwealth, and who was required to register in a sexual offender registry as a result of an adjudication of delinquency for an offense which occurred in a foreign country or another jurisdiction and that required the individual to register in that foreign country or other jurisdiction.
(9) An individual who, on or after the effective date of this section, is a sexually violent delinquent child who is committed for involuntary treatment or, on the effective date of this section, is under commitment receiving involuntary treatment in the State-owned facility or unit as set forth in Chapter 64 (relating to court-ordered involuntary treatment of certain sexually violent persons).
(Dec. 20, 2011, P.L.446, No.111, eff. one year; July 5, 2012, P.L.880, No.91, eff. Dec. 20, 2012; Mar. 14, 2014, P.L.41, No.19, eff. imd.)
2014 Amendment. Act 19 amended par. (3) and added pars. (3.1), (3.2) and (8.2), retroactive to December 20, 2012.
References in Text. Section 16 of Act 111 of 2011 provided that any reference in any act or part of an act to section 9795.1, referred to in par. (4), shall be deemed a reference to section 9799.15 as if fully set forth in that act or part of that act.
Cross References. Section 9799.13 is referred to in sections 9718.4, 9799.12, 9799.15, 9799.16, 9799.18, 9799.19, 9799.21, 9799.22, 9799.25 of this title; section 4915.1 of Title 18 (Crimes and Offenses).
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