You quite literally become a prisoner of society after you’ve served your period of incarceration. In some cases, a community flyer with your photo, home address, and conviction information will be passed around your neighborhood for “community notification”. In addition to your photograph, your home, work, or school address, being listed online for all the world to see, the public will also know what you were charged with, whether you are in compliance with registration, and even have your license plate number and where you park your car. In the meantime, it’s important to know the consequences of being convicted of a sexual offense and being labeled a “sexually violent predator” under Pennsylvania’s Megan’s Law. And, yet, there are young people being caught in Megan’s Law and SORNA’s (Sex Offender Registration and Notification Act) ever-widening net in courtrooms all over America every day. But, is Zach Anderson someone who needs to be shunned from society and kept away from children because he had consensual sex with someone that he thought was two years younger than him? Of course not. The problem with hoping for a legislative change is that it’s nearly impossible to get a politician to appear like they are being soft on an alleged sex offender while not protecting our children. Because this particular case is so tragic, hopefully, the public outcry will pressure the legislature to take another look at these unjust laws and make changes. The penalty in court may be more severe for the violent rapist, but the registration requirements and public stigma make it almost impossible for reintegration into society for both. A 19-year-old kid who has consensual sexual contact with a 14-year-old, as Zach Anderson did, is considered just as dangerous as a convicted violent rapist or a repeat child abuser. Unfortunately, Pennsylvania sex offender laws do not discriminate among the types of crimes and cast a wide net over offenders. Sex offenses can take many different forms – from rape to indecent assault to internet sex crimes. This particular type of injustice, aside from the fact that the sex offender law is, in and of itself, unjust, has been happening all over the country since sexual offender registry laws were enacted. While this case is headline news today, it isn’t “new” news. He will have to register as a sex offender until he is 44 years old. He can’t be anywhere near a park, school, or playground. He can’t talk to anyone under the age of 17, except for the immediate family. He can’t use the internet or own a cell phone for five years. In Michigan, where this happened, the girl’s lie can not be used as a defense. However, in Pennsylvania, there is a “mistake of age” defense that can be used in certain circumstances. Even though she lied about her age and the sex was consensual, Zach Anderson was sentenced to 90 days incarceration, five years probation, and 25 years on the sexual offender registry. Even though the girl admitted to lying about her age and despite her family testifying on Zach’s behalf, telling the court they did not want him to be labeled a sex offender, the sentencing court didn’t care. In Pennsylvania, because he’s over eighteen and she is more than four years younger than him, he committed the crime of statutory sexual assault. Why? Well, the girl he met, who told him she was 17, was actually only 14 years old. By now you’ve probably heard about Zach Anderson – the 19-year-old who is now a registered sex offender after engaging in consensual sex with a girl he met through the mobile app “Hot or Not”. As a Philadelphia criminal defense attorney who represents many charged with sexual offenses, I was shocked and saddened by this story.
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