Published on: Friday, September 17, 2021
Ashley Borough, Pennsylvania police officer gave several women a choice between getting arrested or giving him oral sex was sentenced to 15 years in prison and ordered to register as a sex offender after pleading guilty to violating their civil rights under color of law. Government: SORNA is applicable because it defines “sex offense” to include “a criminal offense that has an element involving a sexual act or sexual contact.” Third Circuit: SORNA only applies to defendants convicted of an enumerated “sex offense,” so the district court can't order him to register as a sex offender. Registration condition ordered removed.
The case is United States v. Icker, 20-2632 (3d Cir. Sept. 14, 2021).