4915 - Failure to comply with registration of sexual offenders requirements.
§ 4915. Failure to comply with registration of sexual offenders requirements. (a) Offense defined.--An individual who is subject to registration under 42 Pa.C.S. § 9795.1(a) (relating to registration) or an individual who is subject to registration under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3) commits an offense if he knowingly fails to: (1) register with the Pennsylvania State Police as required under 42 Pa.C.S. § 9795.2 (relating to registration procedures and applicability); (2) verify his address or be photographed as required under 42 Pa.C.S. § 9796 (relating to verification of residence); or (3) provide accurate information when registering under 42 Pa.C.S. § 9795.2 or verifying an address under 42 Pa.C.S. § 9796. (b) Grading for offenders who must register for ten years.-- (1) (Deleted by amendment). (2) Except as set forth in paragraph (3), an individual subject to registration under 42 Pa.C.S. § 9795.1(a) who commits a violation of subsection (a)(1) or (2) commits a felony of the third degree. (3) An individual subject to registration under 42 Pa.C.S. § 9795.1(a) who commits a violation of subsection (a)(1) or (2) and who has previously been convicted of an offense under subsection (a)(1) or (2) or a similar offense commits a felony of the second degree. (4) An individual subject to registration under 42 Pa.C.S. § 9795.1(a) who violates subsection (a)(3) commits a felony of the second degree. (c) Grading for sexually violent predators and others with lifetime registration.-- (1) (Deleted by amendment). (2) Except as set forth in paragraph (3), an individual subject to registration under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3) who commits a violation of subsection (a)(1) or (2) commits a felony of the second degree. (3) An individual subject to registration under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3) who commits a violation of subsection (a)(1) or (2) and who has previously been convicted of an offense under subsection (a)(1) or (2) or a similar offense commits a felony of the first degree. (4) An individual subject to registration under 42 Pa.C.S. § 9795.1(b)(1), (2) or (3) who violates subsection (a)(3) commits a felony of the first degree. (d) Effect of notice.--Neither failure on the part of the Pennsylvania State Police to send nor failure of a sexually violent predator or offender to receive any notice or information pursuant to 42 Pa.C.S. § 9796(a.1) or (b.1) shall be a defense to a prosecution commenced against an individual arising from a violation of this section. The provisions of 42 Pa.C.S. § 9796(a.1) and (b.1) are not an element of an offense under this section. (e) Arrests for violation.-- (1) A police officer shall have the same right of arrest without a warrant as in a felony whenever the police officer has probable cause to believe an individual has committed a violation of this section regardless of whether the violation occurred in the presence of the police officer. (2) An individual arrested for a violation of this section shall be afforded a preliminary arraignment by the proper issuing authority without unnecessary delay. In no case may the individual be released from custody without first having appeared before the issuing authority. (3) Prior to admitting an individual arrested for a violation of this section to bail, the issuing authority shall require all of the following: (i) The individual must be fingerprinted and photographed in the manner required by 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders). (ii) The individual must provide the Pennsylvania State Police with all current or intended residences, all information concerning current or intended employment, including all employment locations, and all information concerning current or intended enrollment as a student. (iii) Law enforcement must make reasonable attempts to verify the information provided by the individual. (f) Definition.--As used in this section, the term "a similar offense" means an offense similar to an offense under either subsection (a)(1) or (2) under the laws of this Commonwealth, the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation. (Nov. 24, 2004, P.L.1243, No.152, eff. 60 days; Nov. 29, 2006, P.L.1567, No.178, eff. Jan. 1, 2007) 2006 Amendment. Act 178 amended subsecs. (b) and (c). See the preamble to Act 178 in the appendix to this title for special provisions relating to legislative intent. 2004 Amendment. Act 152 added section 4915. Cross References. Section 4915 is referred to in sections 9718.3, 9795.2, 9795.5, 9796 of Title 42 (Judiciary and Judicial Procedure).