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Commonwealth v. Krouse

Determination that defendant was a "sexually violent predator" (SVP) reversed; Commonwealth did not present clear and convincing evidence establishing that defendant was an SVP as defined by Megan's Law II; SVP classification did not automatically apply simply because defendant molested a child.

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ORIE MELVIN, LALLY-GREEN, TODD, BENDER and BOWES, JJ.

� 1 Frank Lee Krouse appeals from the judgment of sentence following his conviction for indecent assault and the trial court’s determination that he is a “sexually violent predator” (“SVP”) pursuant to Pennsylvania’s Megan’s Law II, 42 Pa.C.S. �� 9791-9799. Megan’s Law II requires inter alia registration of an SVP’s address with the Pennsylvania State Police and community notification of the SVP’s address for potentially the rest of the SVP’s life.

Krouse asserts that the Commonwealth failed to establish by clear and convincing evidence that Krouse was an SVP. He also challenges the constitutionality of various aspects of Pennsylvania’s Megan’s Law II. After review of the entire record, we conclude that the Commonwealth failed to produce clear and convincing evidence sufficient to support the trial court’s determination of Krouse as an SVP. Therefore, we reverse the trial court as to the SVP determination and all requirements that would follow from such a determination under Megan’s Law II. The judgment of sentence is otherwise affirmed.

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