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Delta-Lawyer
Delta-Lawyer, Lawyer
Category: Criminal Law
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Experience:  Over A Decade Of Criminal Law Experience
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I want to visit family in Philadelphia and I am a sex

Customer Question

I want to visit family in Philadelphia and I am a sex offender what are the laws of visiting that state
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you well. I am a licensed attorney with over a decade of criminal law practice. Please find below a summation of the requirements when traveling to Pennsylvania.

Effective December 20, 2012, those offenders who are designated as Tier I, II or III registrants must register at an approved registration site when traveling for leisure, either at home or abroad, or for employment purposes. An "approved registration site" is defined as follows:

"Approved registration site." A site in this Commonwealth approved by the Pennsylvania State Police at which individuals subject to this subchapter may comply with this subchapter. 42 Pa.C.S.A. § 9799.12.

Under the new Act a "residence" is defined as follows:

"Residence." A location where an individual resides or is domiciled or intends to be domiciled for 30 consecutive days or more during a calendar year. The term includes a residence which is mobile, including a houseboat, mobile home, trailer or recreational vehicle. 42 Pa.C.S.A. § 9799.12.

However, one need not be a permanent resident to be required to register. It also impacts those who are obtaining "temporary lodging" as defined in the statute:

"Temporary lodging." The specific location, including street address, where a sexual offender is staying when away from the sexual offender's residence for seven or more days. 42 Pa.C.S.A. § 9799.12.

42 Pa.C.S.A. § 9799.15(g), provides that upon commencement of such "temporary lodging", the registrant must notify the State Police of their length of stay, dates of travel and location.

A commencement of temporary lodging, a change in temporary lodging or a termination of temporary lodging. In order to fulfill the requirements of this paragraph, the individual must provide the specific length of time and the dates during which the individual will be temporarily lodged.

A registrant must also notify the State Police when they anticipate travel outside the Country. This must be done 21 days prior to travel. A "foreign country" is later defined.

(i) International travel.--In addition to the periodic in-person appearance required in subsection (e), an individual specified in section 9799.13 shall appear in person at an approved registration site no less than 21 days in advance of traveling outside of the United States. The individual shall provide the following information: (1) Dates of travel, including date of return to the United States. (2) Destinations. (3) Temporary lodging.

"Foreign country." Includes Canada, the United Kingdom, Australia, New Zealand and a foreign country where the United States Department of State in the Country Reports on Human Rights Practices has concluded that an independent judiciary enforced the right to a fair trial in that country during the calendar year in which the individual's conviction occurred. 42 Pa.C.S.A. § 9799.12.

Finally, travel for leisure and travel for work, both require that the registrant notify the State Police at an approved registration site of their itinerary. "Employed" is further defined by the Act.

"Employed." Includes a vocation or employment that is full time or part time for a period of time exceedingfour days during a seven-day period or for an aggregate period of time exceeding 14 days during any calendar year, whether self-employed, volunteered, financially compensated, pursuant to a contract or for the purpose of governmental or educational benefit. 42 Pa.C.S.A. § 9799.12.

If you have any other questions or comments, please let me know.

Please also rate my answer positively (4 or 5 stars).

Best wishes going forward!

Customer: replied 1 year ago.
Thank you this was very informative
Expert:  Delta-Lawyer replied 1 year ago.

My pleasure. If you don't mind, please rate my answer positively on your end either 4 or 5 stars so that I can receive credit for my work. Best wishes!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you received my last message. Thanks

Expert:  Delta-Lawyer replied 1 year ago.

I hope all is well this morning. Wanted to check in one last time to make sure that all is well and that you don't have anymore questions. I want you to be as comfortable as possible as you move forward with these issues. Thanks!

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