from the Judgment of Sentence, October 27, 2017, in the Court
of Common Pleas of Lancaster County Criminal Division at No.
BEFORE: OTT, J., McLAUGHLIN, J., AND FORD ELLIOTT, P.J.E.
Elizabeth Haines appeals from the October 27, 2017 judgment
of sentence entered by the Court of Common Pleas of Lancaster
County following her conviction of two counts of indecent
assault of a person less than 13 years of age. After careful
review, we affirm in part and vacate in part.
trial court provided the following synopsis of the relevant
On July 6, 2017, [appellant] pleaded guilty to two (2) counts
of Indecent Assault of a person less than thirteen years of
age. The charges related to incidents between both victims
and [appellant] that occurred sometime between 2005 and 2006,
when [appellant] was between fourteen and fifteen. The victim
did not disclose the allegations until 2016, when [appellant]
was over the age of twenty-one. Prior to sentencing,
[appellant] filed a motion [entitled] "Motion to Bar
Imposition of Megan's Law Registration pursuant to
Commonwealth v. Muniz[, " seeking exclusion
from lifetime registration pursuant to SORNA. That Motion was
denied by [the trial court, ] and [appellant] was sentenced
to five (5) years['] probation on each charge, to run
court opinion, 2/16/18 at 1 (footnote omitted).
filed a timely notice of appeal to this court on November 27,
2017. The trial court ordered appellant to file
a concise statement of errors complained of on appeal
pursuant to Pa.R.A.P. 1925(b). Appellant timely complied with
the trial court's order, and the trial court filed an
opinion pursuant to Pa.R.A.P. 1925(a).
raises the following issues for our review:
I. Can [appellant] be required to register as a sex offender
where SORNA II, enacted February 21, 2018, in an ex post
facto law, which may not be applied to the instant
offenses, which were committed in 2005?
The applicable registration law changed after [appellant] was
ordered to register; however, the court below held that
[appellant] could be required to register under a previous,
unspecified version of Megan's Law.
II. Can [appellant] be required to register as a sex offender
where she was a juvenile when the offense occurred in 2005,
and registration as a sex offender under those circumstances
constitutes cruel and unusual punishment and a violation of
the due process clauses of the Fifth and Fourteenth
Amendments to the United States Constitution, and Article
[I], Section Nine of the Constitution of the Commonwealth of
The court below found that despite having committed a sex
offense as a juvenile, [appellant] was required to register
because she was ...