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| Sen. Stewart Greenleaf |
Once the boy made his presence known, Griffin pulled over and let him out before driving away, according to court records in the 2009 crime.
The boy wasn’t hurt. Griffin was arrested and later pleaded guilty in Bucks County Court to charges including theft, receiving stolen property and interference with custody of children.
The custody offense is the only reason the Philadelphia man is a registered sex offender in Pennsylvania.
Sen. Stewart Greenleaf, R-12, of Upper Moreland -- who led the Senate effort to adopt Megan’s Law in 1996 -- believes offenders like Griffin don’t belong on the state’s sex offender registry.
The lawmaker has introduced legislation that would remove interference with custody of children as an offense requiring sex offender registration under the state’s Megan’s Law, which carries repercussions including loss of personal freedom and loss of privacy. It can also lead to a person being socially ostracized.
“I thought that was the most logical thing to do. The most clear thing to do,” Greenleaf said Wednesday. “I want to make sure no one ever has that quandary to deal with again.”
Greenleaf previously cited this news organization’s July 23 investigation, which found at least 34 Pennsylvania residents with no known record of sexual crimes are listed as sex offenders on the state’s Megan’s Law registry as the catalyst for his proposed legislation. Those offenders account for at least 75 percent of those on the registry for interference with custody of children, a felony that carries an automatic 15-year registration obligation in the state.
At least one-quarter of those 34 registered sex offenders with no sex crime record are noncustodial parents convicted of violating a court order or otherwise improperly taking their own children, according to this news organization’s investigation. Other offenders were convicted of interference with child custody for crimes such as stealing a car with a child passenger, like Griffin, 36, who declined comment when reached recently.
Senate Bill 854, which was referred to the Senate Judiciary Committee Greenleaf chairs, would correct an “unintended consequence” of the state’s 2011 update of the sex offender registration law that added interference with custody of children to the list of offenses requiring registration; the only other state where a custody crime conviction requires registration is Louisiana, but its law exempts the parents of a victim child.
Pennsylvania’s law, which took effect in December 2012, has no parental exemption, though one was included in the original state Senate version of the bill adopting the federal Adam Walsh Act, according to Greenleaf and Senate records. But the bill underwent extensive changes in the House and the exemption was removed from the version that received unanimous approval in the House and Senate.
Steve Miskin, a spokesman for the House Judiciary Committee, which removed the original Senate parent exemption, previously indicated that it also plans to review “a number of topics” under Megan’s law including interference with custody of children. This news organization was unsuccessful in reaching Miskin Wednesday for comment.
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| Aaron Marcus |
Removing interference with custody of children from the list requiring sex offender registration is a good first step, said Aaron Marcus, an attorney with the Defenders Association of Philadelphia who has handled at least a dozen cases involving people forced to register as sex offenders for custody crime convictions.
“I am pleased to see the Senate remove this offense, which has caused a large number of people irreparable harm, but this legislation is not a solution,” Marcus said. “I believe much more action is needed to address the outrageous conditions imposed upon thousands of Pennsylvanians who have served their sentence and pose no continuing danger to the community.”
It remains unclear how the bill, if it were signed into law, would impact individuals currently on the registry for custody crimes. Generally criminal laws do not operate retroactively, according to Patrick Crawley, counsel to the Senate Judiciary Committee, which helped draft the bill.
“But as a constitutional matter, the courts may see this as something that must work retroactively,” he said.
Marcus, of the Defenders Association, added the law could be applied to offenders on the registry since interference with custody would no longer be considered a “sexually violent offense” under the law. “Basically, I think the legislation would apply retroactively and those who are registering for interference should be removed,” he added.
Lehigh County resident Shaquana Green, 26, who has been on the sex offender registry for four years after pleading guilty in 2013 to interference with custody of children, was stunned to learn Wednesday that legislation had been introduced that would remove her crime from the registry.
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| Shaquana Green |
Green, whose story was featured in the July 23 story published by this news organization, disappeared with her then-toddler-age daughter during a scheduled weekly supervised visit. Green is a noncustodial parent. Her daughter’s paternal grandmother is the legal guardian. The daughter was returned unharmed fewer than three hours later and court records in the case mention no allegations of sexual contact.
Green, a single mom who now has a nearly 2-year-old son, recounted the hardships she has encountered as a registered sex offender, including rejections from potential landlords and employers, as well as social service programs involving children.
Since her story went public, she continues to encounter difficulties. She recently was turned down for two jobs because, she said, her potential employer was wary of her sex offender status.
“This is amazing. This is a blessing,” Green said Wednesday. “I’m just at a loss for words right now.”
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