Piasecki v. Court of Common Pleas, Bucks County, No. 16-4175 (3d Cir. 2019)Annotate this Case
Piasecki was convicted of 15 counts of possession of child pornography and was sentenced to three years’ probation. Pennsylvania sex offenders were then subject to “Megan’s Law” registration requirements. While Piasecki pursued appellate relief, that law expired and was replaced with the Sex Offender Registration and Notification Act (SORNA) to “bring the Commonwealth into substantial compliance with the federal Adam Walsh Child Protection and Safety Act of 2006,” which applied retroactively to Megan’s Law registrants. SORNA had increased registration and reporting requirements. Among other restrictions, Piasecki was required to register in-person every three months for the rest of his life and to appear, in-person, at a registration site if he were to change his name, address, employment, student status, phone number, or vehicle ownership. As a Tier III SORNA registrant, he could petition a court to exempt him from the requirements after 25 years. Piasecki was only subject to the SORNA restrictions when he filed his 28 U.S.C. 2254 habeas petition, challenging his conviction. His probation and conditions of supervision had expired. Reversing the district court, the Third Circuit held that Piasecki was “in custody pursuant to the judgment of a State Court,” as required for jurisdiction. SORNA’s registration requirements were sufficiently restrictive to constitute custody and were imposed pursuant to the state court judgment of sentence.