United States District Court, S.D. New York
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.
W. SWEET, U.S.D.J.
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"). Based on the facts and conclusions set
forth below, the motion of the Defendant is denied.
Facts & Prior Proceedings
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
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) .
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.
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.
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.
The Motion to Dismiss the Indictment is
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 ...