What Is A Level 2 Sex Offender?

If you have been charged with a sex offense, you may be required to register as a sex offender if you are convicted. A registered sex offender is someone who has been convicted of a criminal sexual act that requires registration under local, state, or federal laws. These offenses can include both misdemeanors and felonies. Getting help from an experienced criminal defense attorney at DiCindio Law when you are facing sex crime charges might allow you to fight against the charges and possibly avoid a conviction and registration requirement.

What are the registered sex offender levels?

The nature of the crime, the specific offense that was committed, the age of the victim, and the offender’s propensity to commit a sex offense in the future will all be factored into determining the registered sex offender level. Federal laws have been enacted that establish the tier system for sex offenses based on specific criteria. States are likewise able to enact stricter laws but cannot enact laws that are less stringent than the federal laws for sex offense levels for the registry.

In 2007, the Adam Walsh Act was passed by Congress. This law established criteria for the classification of sex offenders. The Sex Offender Registration and Notification Act was contained in Title I of the Act and requires all U.S. states to conform the state registration laws to the federal guidelines or face penalties. The assigned tier corresponds to the specific conviction for which an offender is sentenced. Because of plea bargaining, it might not reflect the entirety of the crime that was committed or the risk of repeated offenses.

Level 1 or Tier I offenses are the lowest level of sex offenses. These typically involve non-violent sex offenses with people who are not minors. People who are convicted of Tier I sex offenses must register on the Sexual Offender Registry for at least 15 years and report for verification annually.

Level 2 or Tier II offenses are also generally non-violent but involve minors. These offenses require people who are convicted to register as sex offenders for at least 25 years and report for verification twice per year.

Level 3 or Tier III offenses are considered to be the most serious. This category includes people who have been convicted of violent or non-violent offenses with adults or minors. If you are convicted of a tier III offense, you will have to register on the Sexual Offender Registry for the rest of your life and to report for verification four times per year.

Convictions that can result in sex offender registration

Under federal law, Tier I sexual offenses include the following types of crimes:

  • Public indecency
  • Possession of child porn
  • Voyeurism
  • Sexual contact without the victim’s consent

Tier II sexual offenses can include the following crimes:

  • Second sexual offenses committed by Tier I sex offenders
  • Transporting minors for sexual purposes
  • Trafficking minors for sexual purposes
  • Intimidation to get a victim to engage in sexual activity
  • Bribing a victim to engage in sexual activity
  • Sexual acts or contact with children aged 12 to 15
  • Sex offenses by a person in a position of authority over the victim, including teachers, babysitters, guardians, parents, coaches, foster parents, and others
  • Prostituting minors
  • Producing or distributing child pornography
  • Attempts or plans to commit the above offenses

Tier III sexual offenses include the following types:

  • New offenses committed by Tier II sex offenders
  • Most types of sexual assaults
  • Sex acts using force or duress
  • Sex acts with an unconscious or impaired victim
  • Sex acts with children younger than age 12
  • Sex acts with victims who cannot consent because of disability or mental impairment
  • Sex acts with victims who cannot physically say no
  • Sex acts perpetrated after the victim says no
  • Attempts or plans to commit one of the above-listed offenses

Restrictions that registered sex offenders face

Some states have different types of restrictions for registered sex offenders. Some states require offenders to register their names and addresses while others also restrict where they can live. Pennsylvania’s Megan’s Law does not have restrictions on where sex offenders can live. However, some offenders may be restricted from living near parks, schools, or daycare centers while they are on probation or parole. Some offenders may be restricted from being around children under the age of 18, including their children.

Employers are not supposed to discriminate against people because they have been convicted of crimes. However, employers are required to consider the restrictions that are placed on sexual offenders. For example, if an offender is prohibited from being in contact with minors, he or she will not be able to work in a place where such contact is likely.

In the U.S., the Sex Offender Registry can be accessed by the public. From the national website, people can follow links to each state registry. Pennsylvania includes multiple types of information about sex offenders on its registry, including the following:

  • Name and aliases
  • Birth year
  • Residential street addresses
  • Location information about where homeless or transient sex offenders are typically found
  • Address where a sex offender attends school
  • Address where a sex offender works
  • Photograph
  • Offender’s physical description
  • Offender’s identifying marks
  • Description of vehicles owned by the offender with license plate numbers
  • Information about whether the offender is compliant
  • Whether the victim was under age 18
  • Description of the offense for which the offender has to register
  • Conviction date
  • When the offender first registered and the dates of updates
  • If possible, maps of the offender’s residence, work, and school

Since the public can access this information, sex offenders can have a difficult time finding employment and places to live.

Contact DiCindio Law

If you have been charged with a sex offense, a conviction could have a permanent impact on your life. You should talk to an experienced sex crimes attorney at DiCindio Law about your options as soon as possible. Schedule a consultation today by filling out our contact form or calling us at 610.430.3535.

What Is Unlawful Contact with a Minor?

Technological advances over the past couple of decades have allowed federal and Pennsylvania authorities to expand the techniques that they can use to catch people who participate in sex crimes on the internet involving children. As these sting operations are depicted on television shows such as “To Catch a Predator,” it is clear to see that the police investigate potential offenses such as unlawful contact with a minor. If you are charged and convicted of this offense, you will face harsh penalties whether you were ensnared by a police sting operation or were caught by a parent. This conviction can expose you to incarceration, fines, sex offender registration requirements, and public stigma. You may lose your coworkers, neighbors, family, and friends and could also lose your job and your marriage. If you have been charged with unlawful contact with a minor in West Chester, contact DiCindio Law to schedule a free consultation so you can learn more about your rights.

What is unlawful contact with a minor in Pennsylvania?

Unlawful contact with a minor is defined in 18 Pa.C.S. § 6318. Under this statute, unlawful contact with a minor occurs when a person who intentionally contacts a minor or a purported minor who is an undercover police officer to try to engage in the following types of sexual acts:

  • Any sex offense found in Chapter 31 of title 18
  • Prostitution
  • Open lewdness
  • Sexual exploitation of children
  • Sexual abuse of children
  • Sexual or obscene materials and performances

You can be charged with sexual contact with a minor even if you never meet the minor or purported minor in person. For example, if you ask for the minor to send an explicit picture and suggest that you meet to engage in a specific sexual act, you can be charged even if you do not meet. It also does not matter if the person with whom you are communicating is a police officer instead of a minor.

Online solicitation of minors

Online solicitation of minors occurs when adults communicate with minors online in chat rooms, by text messages, or by email for the purpose of meeting them for sex. Police agencies conduct sting operations to try to catch adults who attempt to entice teens online for sex. In these types of operations, an undercover police officer will pose as a minor online and try to engage adults in conversation. The conversations may quickly become suggestive and lead to charges.

Penalties for a conviction of unlawful contact with a minor

In many cases, people are charged with unlawful contact with a minor in addition to the applicable underlying offenses. People who are arrested for this charge are also commonly arrested for other crimes like statutory sexual assault, indecent assault, or other offenses. This crime is charged in the same degree and classification as the most serious offense for which you are accused of contacting a minor. For example, if you are accused of contacting a minor for the purposes of engaging in involuntary deviate sexual intercourse, you could be charged with attempted IDSI even if you did not meet the purported minor. A conviction for this crime is also considered to be a sex offense, which means that you will be required to register as a sex offender.

Other consequences for a conviction of unlawful contact with a minor

Unlawful contact with a minor is a felony offense. If you did follow through and had sexual contact with a minor, you can also be charged with additional crimes. If you are convicted of this offense, you might have to register as a sex offender and to live somewhere that is not close to schools. This type of offense carries a substantial public stigma, making it difficult for you at your job and with your friends, coworkers, employer, and spouse when they learn about your charges.

If you are convicted of this offense, you may suffer ongoing collateral consequences past the completion of your sentence. You might struggle to find a job or to find a home to live in. You might also lose any professional license that you have or be unable to obtain one that you want. Your applications to colleges and universities may also be turned down. If you have been charged with unlawful contact with a minor, it is important for you to work with an experienced sex crimes lawyer so you can mount a vigorous defense.

What to do if you have been charged

If you are facing charges of unlawful contact with a minor, you should get help from an experienced sex crimes defense lawyer. An experienced West Chester sex offense lawyer can review the evidence in your case and provide you with an explanation of your options. Contact DiCindio Law to schedule a free and confidential consultation by calling 610-430-3535.

Sentencing and Penalties For First Degree Murder

Criminal homicides in Pennsylvania involve the unlawful deaths of people and are divided into three murder offenses and two manslaughter crimes. Murder charges are found in 18 Pa.C.S. § 2502 and include first-, second-, and third-degree murder. First-degree murder is the most serious murder offense. If you are facing first-degree murder charges or your loved one has been charged with this offense, talk to DiCindio Law for help in West Chester, Pennsylvania.

Proving first-degree murder

To be charged and convicted of a murder offense, the prosecutor must be able to prove that you acted with actual malice. Malice is proven by showing that you intended to commit the victim’s killing or that you intended to cause harm. First-degree murder requires an intentional killing, meaning that you intended to kill the victim. First-degree murder charges require the prosecutor to show that you acted with express malice.

The prosecutor must prove that you had a specific intent to cause the victim’s death. Your specific intent to murder may be shown by the state by evaluating your actions, the circumstances, and whether you used a deadly weapon.

First-degree murder vs. other homicide offenses

First-degree murder is an intentional killing that involves planning, premeditation, and deliberate acts. Second-degree murder is charged when a killing happens while the defendant is committing a different felony as a principal or an accomplice. Third-degree murder offenses include all other types of murder and involve malice.

Voluntary manslaughter is a heat of passion killing following provocation by the victim or by a third party or when a person has an unreasonable and mistaken belief that the killing is justified. Finally, involuntary manslaughter is an unintentional homicide that results from grossly negligent or reckless conduct regarding the life of the victim.

Penalties for first-degree murder in Pennsylvania

First-degree murder is the most serious murder crime in Pennsylvania. This means that it may be punished by the most severe possible punishments under the law. Prosecutors have the burden of proving the elements of first-degree murder beyond a reasonable doubt before the defendants can be convicted of this offense. To do this, the prosecutors must prove that the defendant committed an unlawful, intentional, and premeditated killing of another person.

First-degree murder is set apart from other homicide and murder offenses by the planning, deliberate acts, and premeditation by the defendant. If the killing was spontaneous or occurred after provocation during a heat of passion, it will likely be charged as a different homicide offense in Pennsylvania.

Under 18 Pa.C.S. § 1102, a person who is convicted of first-degree murder in Pennsylvania may face either life imprisonment or a death sentence. However, if the person is convicted for the first-degree murder of an unborn child, he or she will not face the death penalty but will face life in prison.

Defenses to first-degree murder charges in Pennsylvania

First-degree murder cases are complex and carry extremely high stakes. Your attorney will carefully review and analyze all of the evidence that is being held in your case to identify the best defense strategies to follow. Some of the potential defenses that might be raised include the following:

  • You did not have the required mental capacity to have a specific intent to kill;
  • You were voluntarily intoxicated at the time of the offense;
  • You were insane at the time of the offense and could not distinguish between right and wrong;
  • You were acting in self-defense;
  • You had battered women’s syndrome, which caused you to kill your spouse or partner;
  • The killing was accidental and you did not have criminal intent and were engaging in a lawful activity;
  • You were misidentified as the killer;
  • You have an alibi for the time and date of the killing; or
  • You committed the killing while you were under duress.

Imposing the death penalty

If you are convicted of first-degree murder, your case will enter into the sentencing phase. During this phase, the prosecutor and the defense attorney will present arguments about the punishment that you should face. The prosecutor may present evidence of aggravating factors that support a death sentence. The defense attorney may present evidence of mitigating factors to argue against the death penalty.

Talk to DiCindio Law

Facing murder charges can be devastating and could potentially lead to a life behind bars or a death sentence. Getting help from an experienced attorney is crucial for these types of charges. Contact DiCindio Law to learn about your case at 610-430-3535.

Rape Charges

Being accused of committing a Rape can have devastating, far-reaching and irreversible consequences to an individual’s reputation, profession and liberty.  Rape charges / cases are often filled with emotional, factual, and credibility issues that a criminal defense attorney must effectively analyze and use to his client’s benefit before a judge or jury.

West Chester Pennsylvania Criminal Defense and Personal Injury Attorney
West Chester Pennsylvania Criminal Defense and Personal Injury Attorney

Under the Rape statute in Pennsylvania, there are different ways in which the crime of Rape can occur and therefore different elements that must be proven by the Commonwealth beyond a reasonable doubt before a conviction can result. Each different legal term in the statute has a specific definition that must be understood and analyzed in detail in comparison with the facts of a case before a proper and complete defense can be prepared.

If you or a loved one has been accused, charged or convicted of a crime or rape charges and are in need of legal help contact criminal defense attorney Mike DiCindio directly.

                          18 Pa.C.S.A. § 3121.  Rape.

(a)  Offense defined.–A person commits a felony of the first degree when the person engages in sexual intercourse with a complainant:

(1)  By forcible compulsion.

(2)  By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.

(3)  Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring.

(4)  Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance.

(5)  Who suffers from a mental disability which renders the complainant incapable of consent.

The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale