2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 49 - Falsification and Intimidation
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).