Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Morciglio

United States District Court, S.D. New York

November 16, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JOSHUA MORCIGLIO, Defendant.

          Attorneys for Plaintiffs UNITED STATES ATTORNEY'S OFFICE, SDNY By: Alison G. Moe, Esq.

          Attorneys for Defendants FEDERAL DEFENDERS OF NEW YORK Jonathan Marvinny, Esq.

          OPINION

          ROBERT W. SWEET, U.S.D.J.

         Defendant Joshua Morciglio ("Morciglio" or the "Defendant") has moved to dismiss the single-count indictment (the "Indictment"), which charges him with violating 18 U.S.C. § 2250 by failing to register under the federal Sex Offender Registration and Notification Act ("SORNA")[1]. Based on the facts and conclusions set forth below, the motion of the Defendant is denied.

         I. Facts & Prior Proceedings

         On or about April 14, 2016, the Defendant was convicted in Dauphin County Court of indecent exposure, criminal solicitation of statutory sexual assault, and corruption of minors, in violation of 18 Pa. C.S.A. §§ 3127, 902, 3122, and 6301. The Defendant was sentenced to an indeterminate sentence of 11 months and 15 days to 1 year and 11 months' imprisonment. He was convicted of the following Pennsylvania crimes:

1. Criminal solicitation of statutory sexual assault, which criminalizes a person's soliciting "sexual intercourse with a complainant . . . who is under the age of 16 years [where] that person is . . . four years older but less than eight years older than the complainant." 18 Pa. C.S.A. §§ 902(a), 3122.1(a) (1) .
2. Indecent exposure, which criminalizes a person's "exposing his or her genitals in any public place or in any place where there are present other persons under circumstances in which he or she knows or should know that this conduct is likely to offend, affront or alarm." See Id. § 3127(a).
3. Corruption of minors, which provides that: "Whoever, being of the age of 18 years and upwards, by any course of conduct in violation of Chapter 31 (relating to sexual offenses) corrupts or tends to corrupt the morals of any minor less than 18 years of age, or who aids, abets, entices or encourages any such minor in the commission of an offense under Chapter 31 commits a felony of the third degree." See Id. § 6301(a) (1) (ii) .

         Police reports reflect that the Defendant was 22 when he solicited the 14 year old victim. Following his release from custody, the Defendant was designated by the State of Pennsylvania as a Tier One sex offender, requiring him to register as such for a period of fifteen years. In addition, the Defendant was required to wear an electronic monitoring ankle bracelet as part of his parole supervision.

         On or about December 15, 2016, following his release from prison, the Defendant signed a Pennsylvania State Sex Offender Registration Form acknowledging his duties as a sex offender, including his obligation to notify the Pennsylvania State Police of any change of home address within three days of moving, and that if he moved to another state, he may be required to register as a sex offender within ten days of establishing residence. On that form, the Defendant provided an address in Harrisburg City, Pennsylvania as his registered residence. However, about one week later, on or about December 21, 2016, the Defendant cut off his ankle bracelet and absconded supervision. The Defendant was apprehended by officers of the New York City Police Department in the Bronx on or about January 9, 2017.

         On August 23, 2017, the Defendant was charged with traveling in interstate commerce and knowingly failing to register and update a registration as required by SORNA. The Defendant filed the instant motion to dismiss the Indictment on September 13, 2017. This motion was heard and marked fully submitted on October 25, 2017.

         II. The Motion to Dismiss the Indictment is Denied

         On a motion to dismiss the Indictment, the facts stated therein and factual conclusions therefrom must be accepted as true. Fed. R. Crim. P. 12(b). Here, the Indictment charges the Defendant with violating SORNA, which makes it a crime for a sex offender who "is required to register under [the Act]" and who "travels in interstate . . . commerce" to "knowingly fail[] to register or update a registration." 18 U.S.C. § 2250(a). The resolution of this motion hinges on the approach applied to interpreting the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.