Commonwealth v. Muhammad, No. 1455 MDA 2018 (Pa. Super. 2020)
Nature of Case: Appellant was convicted of custodial interference and, under Pennsylvania state law, was required to register as a sex offender. Appellant argued in the trial court that PA’s SORNA was unconstitutional as-applied to her, and the trial court declined to find it was unconstitutional. Appellant sought review.
Holding: The Pennsylvania Superior Court vacated the decision of the trial court requiring the Appellant to comply with SORNA, holding that under Pennsylvania state constitutional protections related to reputation, the imposition of SORNA in Appellant’s case violated the irrebuttable presumption doctrine in that it created an irrebuttable presumption that Appellant was at a higher risk of committing sex offenses.