9792 - Definitions.
§ 9792. Definitions. The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Active notification." Notification pursuant to section 9798 (relating to other notification) or any process whereby law enforcement, pursuant to the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, notifies persons in the community in which the individual resides, including any person identified in section 9798(b), of the residence, employment or school location of the individual. "Approved registration site." A site in this Commonwealth approved by the Pennsylvania State Police as required by section 9799.1(2) (relating to duties of Pennsylvania State Police): (1) at which individuals subject to this subchapter may register, verify information or be fingerprinted or photographed as required by this subchapter; (2) which is capable of submitting fingerprints utilizing the Integrated Automated Fingerprint Identification System or in another manner and in such form as the Pennsylvania State Police shall require; and (3) which is capable of submitting photographs utilizing the Commonwealth Photo Imaging Network or in another manner and in such form as the Pennsylvania State Police shall require. "Board." The State Sexual Offenders Assessment Board. "Common interest community." Includes a cooperative, a condominium and a planned community where an individual by virtue of an ownership interest in any portion of real estate is or may become obligated by covenant, easement or agreement imposed upon the owner's interest to pay any amount for real property taxes, insurance, maintenance, repair, improvement, management, administration or regulation of any part of the real estate other than the portion or interest owned solely by the individual. "Commonwealth Photo Imaging Network." The computer network administered by the Commonwealth and used to record and store digital photographs of an individual's face and any scars, marks, tattoos or other unique features of the individual. "Employed." Includes a vocation or employment that is full- time or part-time for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered, pursuant to a contract or for the purpose of government or educational benefit. "Integrated Automated Fingerprint Identification System." The national fingerprint and criminal history system maintained by the Federal Bureau of Investigation providing automated fingerprint search capabilities, latent searching capability, electronic image storage and electronic exchange of fingerprints and responses. "Mental abnormality." A congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons. "Minor." As used in section 9795.1 (relating to registration), is any individual under the age of 18 unless the age of the victim who is considered a minor is otherwise defined in section 9795.1. "Municipality." A city, borough, incorporated town or township. "Offender." An individual required to register under section 9795.1(a), (b)(1) or (2) (relating to registration). "Passive notification." Notification pursuant to section 9798.1 (relating to information made available on the Internet) or any process whereby persons, pursuant to the laws of the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico or a foreign nation, are able to access information pertaining to an individual as a result of the individual having been convicted or sentenced by a court for an offense similar to an offense listed in section 9795.1 (relating to registration). "Penetration." Includes any penetration, however slight, of the genitals or anus or mouth of another person with a part of the person's body or a foreign object for any purpose other than good faith medical, hygienic or law enforcement procedures. "Predatory." An act directed at a stranger or at a person with whom a relationship has been initiated, established, maintained or promoted, in whole or in part, in order to facilitate or support victimization. "Residence." A location where an individual resides or is domiciled or intends to be domiciled for 30 consecutive days or more during a calendar year. "Sexually violent offense." Any criminal offense specified in section 9795.1 (relating to registration). "Sexually violent predator." A person who has been convicted of a sexually violent offense as set forth in section 9795.1 (relating to registration) and who is determined to be a sexually violent predator under section 9795.4 (relating to assessments) due to a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. The term includes an individual determined to be a sexually violent predator where the determination occurred in the United States or one of its territories or possessions, another state, the District of Columbia, the Commonwealth of Puerto Rico, a foreign nation or by court martial. "Student." A person who is enrolled on a full-time or part- time basis in any public or private educational institution, including any secondary school, trade or professional institution or institution of higher education. (May 10, 2000, P.L.74, No.18, eff. 60 days; Nov. 24, 2004, P.L.1243, No.152, eff. 60 days) 2004 Amendment. Act 152 amended the defs. of "employed," "predatory" and "sexually violent predator" and added the defs. of "active notification," "approved registration site," "common interest community," "Commonwealth Photo Imaging Network," "Integrated Automated Fingerprint Identification System" and "passive notification." 2000 Amendment. Act 18 reenacted and amended section 9792. Cross References. Section 9792 is referred to in sections 9718.1, 9795.2 of this title.