2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 42 - JUDICIARY AND JUDICIAL PROCEDURE › Chapter 97 - Sentencing › Section 9799.14 - Sexual offenses and tier system

§ 9799.14. Sexual offenses and tier system.
(a) Tier system established.--
Sexual offenses shall be classified in a three-tiered system composed of Tier I sexual offenses, Tier II sexual offenses and Tier III sexual offenses.
(b) Tier I sexual offenses.--
The following offenses shall be classified as Tier I sexual offenses:
(1) 18 Pa.C.S. § 2902(b) (relating to unlawful restraint).
(2) 18 Pa.C.S. § 2903(b) (relating to false imprisonment).
(3) 18 Pa.C.S. § 2904 (relating to interference with custody of children), except in cases where the defendant is the child's parent, guardian or other lawful custodian.
(4) 18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure).
(4.1) 18 Pa.C.S. § 3011(a)(1) and (2) (relating to trafficking in individuals).
(4.2) 18 Pa.C.S. § 3013 (relating to patronizing a victim of sexual servitude).
(5) 18 Pa.C.S. § 3124.2(a) and (a.4)(1) (relating to institutional sexual assault).
(6) 18 Pa.C.S. § 3126(a)(1) (relating to indecent assault).
(7) (Reserved).
(8) 18 Pa.C.S. § 6301(a)(1)(ii) (relating to corruption of minors).
(9) 18 Pa.C.S. § 6312(d) (relating to sexual abuse of children).
(10) 18 Pa.C.S. § 7507.1. (relating to invasion of privacy).
(11) 18 U.S.C. § 1801 (relating to video voyeurism).
(12) 18 U.S.C. § 2252(a)(4) (relating to certain activities relating to material involving the sexual exploitation of minors).
(13) 18 U.S.C. § 2252A (relating to certain activities relating to material constituting or containing child pornography).
(14) 18 U.S.C. § 2252B (relating to misleading domain names on the Internet).
(15) 18 U.S.C. § 2252C (relating to misleading words or digital images on the Internet).
(16) 18 U.S.C. § 2422(a) (relating to coercion and enticement).
(17) 18 U.S.C. § 2423(b) (relating to transportation of minors).
(18) 18 U.S.C. § 2423(c).
(19) 18 U.S.C. § 2424 (relating to filing factual statement about alien individual).
(20) 18 U.S.C. § 2425 (relating to use of interstate facilities to transmit information about a minor).
(21) A comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.
(22) An attempt, conspiracy or solicitation to commit an offense listed in paragraph (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20) or (21).
(23) A conviction for a sexual offense in another jurisdiction or foreign country that is not set forth in this section, but nevertheless requires registration under a sexual offender statute in the jurisdiction or foreign country.
(c) Tier II sexual offenses.--
The following offenses shall be classified as Tier II sexual offenses:
(1) 18 Pa.C.S. § 3011(b).
(1.1) 18 Pa.C.S. § 3122.1(a)(2) (relating to statutory sexual assault).
(1.2) 18 Pa.C.S. § 3124.2(a.2) and (a.3).
(1.3) 18 Pa.C.S. § 3126(a)(2), (3), (4), (5), (6) or (8).
(1.4) 18 Pa.C.S. § 3012 (relating to involuntary servitude) as it relates to sexual servitude.
(2) 18 Pa.C.S. § 5902(b.1) (relating to prostitution and related offenses).
(3) 18 Pa.C.S. § 5903(a)(3)(ii), (4)(ii), (5)(ii) or (6) (relating to obscene and other sexual materials and performances).
(4) 18 Pa.C.S. § 6312(b) and (c).
(5) 18 Pa.C.S. § 6318 (relating to unlawful contact with minor).
(6) 18 Pa.C.S. § 6320 (relating to sexual exploitation of children).
(7) 18 U.S.C. § 1591 (relating to sex trafficking of children by force, fraud, or coercion).
(8) 18 U.S.C. § 2243 (relating to sexual abuse of a minor or ward).
(9) 18 U.S.C. § 2244 (relating to abusive sexual contact) where the victim is 13 years of age or older but under 18 years of age.
(10) 18 U.S.C. § 2251 (relating to sexual exploitation of children).
(11) 18 U.S.C. § 2251A (relating to selling or buying of children).
(12) 18 U.S.C. § 2252(a)(1), (2) or (3).
(13) 18 U.S.C. § 2260 (relating to production of sexually explicit depictions of a minor for importation into the United States).
(14) 18 U.S.C. § 2421 (relating to transportation generally).
(15) 18 U.S.C. § 2422(b).
(16) 18 U.S.C. § 2423(a).
(17) A comparable military offense or similar offense under the laws of another jurisdiction or foreign country or under a former law of this Commonwealth.
(18) An attempt, conspiracy or solicitation to commit an offense listed in paragraph (1), (1.1), (1.2), (1.3), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16) or (17).
(d) Tier III sexual offenses.--
The following offenses shall be classified as Tier III sexual offenses:
(1) 18 Pa.C.S. § 2901(a.1) (relating to kidnapping).
(2) 18 Pa.C.S. § 3121 (relating to rape).
(3) 18 Pa.C.S. § 3122.1(b) (relating to statutory sexual assault).
(4) 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse).
(5) 18 Pa.C.S. § 3124.1 (relating to sexual assault).
(6) 18 Pa.C.S. § 3124.2(a.1) and (a.4)(2).
(7) 18 Pa.C.S. § 3125 (relating to aggravated indecent assault).
(8) 18 Pa.C.S. § 3126(a)(7).
(9) 18 Pa.C.S. § 4302(b) (relating to incest).
(10) 18 U.S.C. § 2241 (relating to aggravated sexual abuse).
(11) 18 U.S.C. § 2242 (relating to sexual abuse).
(12) 18 U.S.C. § 2244 where the victim is under 13 years of age.
(13) A comparable military offense or similar offense under the laws of another jurisdiction or country or under a former law of this Commonwealth.
(14) An attempt, conspiracy or solicitation to commit an offense listed in paragraph (1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12) or (13).
(15) (Reserved).
(16) Two or more convictions of offenses listed as Tier I or Tier II sexual offenses.
(17) One conviction of a sexually violent offense and one conviction of a sexually violent offense as defined in section 9799.55 (relating to registration).
(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.; July 2, 2014, P.L.945, No.105, eff. 60 days; Feb. 21, 2018, P.L.27, No.10, eff. imd.; June 12, 2018, P.L.140, No.29, eff. imd.; July 23, 2020, P.L.641, No.63, eff. 60 days; Nov. 3, 2022, P.L.2066, No.144, eff. 60 days)
2022 Amendment.
Act 144 amended subsec. (c)(1) and added subsecs. (b)(4.1) and (4.2) and (c)(1.4).
2021 Unconstitutionality.
Section 9799.14 was declared unconstitutional as applied by the Pennsylvania Supreme Court. Commonwealth v. Santana, 266 A.3d 528 (Pa. 2021).
2020 Amendment.
Act 63 amended subsecs. (b)(5) and (d)(6).
2019 Unconstitutionality.
Section 9799.14 was declared unconstitutional as applied by the Pennsylvania Superior Court. Commonwealth v. Lippincott, 208 A.3d 143 (Pa. 2019).
2018 Amendments.
Act 10 amended subsec. (b)(3) and added subsec. (d)(17) and Act 29 reenacted subsecs. (b)(3) and (d)(17). Section 20(1) of Act 10 provided that the amendment of section 9799.14 shall apply to an individual who commits an offense on or after December 20, 2012.
2014 Amendments.
Act 19 amended subsec. (c)(18), retroactive to December 20, 2012, and Act 105 amended subsec. (c).
2012
Amendment
.
Act 91 amended subsecs. (b)(12) and (21), (c)(9), (12) and (17) and (d)(12), (13) and (15) and added subsec. (b)(23).
2011 Amendment.
Act 111 added section 9799.14.
Cross References. Section 9799.14 is referred to in sections 9718.2, 9718.5, 9799.12, 9799.13, 9799.15 of this title; sections 9122.1, 9122.3 of Title 18 (Crimes and Offenses); sections 57A12, 57B02 of Title 53 (Municipalities Generally); section 2604.1 of Title 66 (Public Utilities).