2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 97 - Sentencing
9792 - Definitions.

     § 9792.  Definitions.
        The following words and phrases when used in this subchapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Active notification."  Notification pursuant to section 9798
     (relating to other notification) or any process whereby law
     enforcement, pursuant to the laws of 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,
     notifies persons in the community in which the individual
     resides, including any person identified in section 9798(b), of
     the residence, employment or school location of the individual.
        "Approved registration site."  A site in this Commonwealth
     approved by the Pennsylvania State Police as required by section
     9799.1(2) (relating to duties of Pennsylvania State Police):
            (1)  at which individuals subject to this subchapter may
        register, verify information or be fingerprinted or
        photographed as required by this subchapter;
            (2)  which is capable of submitting fingerprints
        utilizing the Integrated Automated Fingerprint Identification
        System or in another manner and in such form as the
        Pennsylvania State Police shall require; and
            (3)  which is capable of submitting photographs utilizing
        the Commonwealth Photo Imaging Network or in another manner
        and in such form as the Pennsylvania State Police shall
        require.
        "Board."  The State Sexual Offenders Assessment Board.
        "Common interest community."  Includes a cooperative, a
     condominium and a planned community where an individual by
     virtue of an ownership interest in any portion of real estate is
     or may become obligated by covenant, easement or agreement
     imposed upon the owner's interest to pay any amount for real
     property taxes, insurance, maintenance, repair, improvement,
     management, administration or regulation of any part of the real
     estate other than the portion or interest owned solely by the
     individual.
        "Commonwealth Photo Imaging Network."  The computer network
     administered by the Commonwealth and used to record and store
     digital photographs of an individual's face and any scars,
     marks, tattoos or other unique features of the individual.
        "Employed."  Includes a vocation or employment that is full-
     time or part-time for a period of time exceeding 14 days or for
     an aggregate period of time exceeding 30 days during any
     calendar year, whether financially compensated, volunteered,
     pursuant to a contract or for the purpose of government or
     educational benefit.
        "Integrated Automated Fingerprint Identification System."
     The national fingerprint and criminal history system maintained
     by the Federal Bureau of Investigation providing automated
     fingerprint search capabilities, latent searching capability,
     electronic image storage and electronic exchange of fingerprints
     and responses.
        "Mental abnormality."  A congenital or acquired condition of
     a person that affects the emotional or volitional capacity of
     the person in a manner that predisposes that person to the
     commission of criminal sexual acts to a degree that makes the
     person a menace to the health and safety of other persons.
        "Minor."  As used in section 9795.1 (relating to
     registration), is any individual under the age of 18 unless the
     age of the victim who is considered a minor is otherwise defined
     in section 9795.1.
        "Municipality."  A city, borough, incorporated town or
     township.
        "Offender."  An individual required to register under section
     9795.1(a), (b)(1) or (2) (relating to registration).
        "Passive notification."  Notification pursuant to section
     9798.1 (relating to information made available on the Internet)
     or any process whereby persons, pursuant to the laws of 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, are able to access information pertaining
     to an individual as a result of the individual having been
     convicted or sentenced by a court for an offense similar to an
     offense listed in section 9795.1 (relating to registration).
        "Penetration."  Includes any penetration, however slight, of
     the genitals or anus or mouth of another person with a part of
     the person's body or a foreign object for any purpose other than
     good faith medical, hygienic or law enforcement procedures.
        "Predatory."  An act directed at a stranger or at a person
     with whom a relationship has been initiated, established,
     maintained or promoted, in whole or in part, in order to
     facilitate or support victimization.
        "Residence."  A location where an individual resides or is
     domiciled or intends to be domiciled for 30 consecutive days or
     more during a calendar year.
        "Sexually violent offense."  Any criminal offense specified
     in section 9795.1 (relating to registration).
        "Sexually violent predator."  A person who has been convicted
     of a sexually violent offense as set forth in section 9795.1
     (relating to registration) and who is determined to be a
     sexually violent predator under section 9795.4 (relating to
     assessments) due to a mental abnormality or personality disorder
     that makes the person likely to engage in predatory sexually
     violent offenses. The term includes an individual determined to
     be a sexually violent predator where the determination occurred
     in the United States or one of its territories or possessions,
     another state, the District of Columbia, the Commonwealth of
     Puerto Rico, a foreign nation or by court martial.
        "Student."  A person who is enrolled on a full-time or part-
     time basis in any public or private educational institution,
     including any secondary school, trade or professional
     institution or institution of higher education.
     (May 10, 2000, P.L.74, No.18, eff. 60 days; Nov. 24, 2004,
     P.L.1243, No.152, eff. 60 days)

        2004 Amendment.  Act 152 amended the defs. of "employed,"
     "predatory" and "sexually violent predator" and added the defs.
     of "active notification," "approved registration site," "common
     interest community," "Commonwealth Photo Imaging Network,"
     "Integrated Automated Fingerprint Identification System" and
     "passive notification."
        2000 Amendment.  Act 18 reenacted and amended section 9792.
        Cross References.  Section 9792 is referred to in sections
     9718.1, 9795.2 of this title.