York Resident Indicted For Failing To Register As Sex Offender

     The United States Attorney’s Office for the Middle District of Pennsylvania, announced today the indictment of John H. Phillips, age 45, of York, by a grand jury in Harrisburg for failing to properly register in Pennsylvania as a Sex Offender.
                                        
     According to United States Attorney Peter J. Smith, Phillips is charged with knowing failure to register under the Sex Offender Registration and Notification Act. Phillips was convicted of rape in Massachusetts in 2004. Phillips registered as required in Massachusetts, but he allegedly recently left Massachusetts and moved to Pennsylvania. He allegedly failed to register as a sex offender and was found by United States Marshals living at a residence in York. Phillips was arrested on June 21, 2013. He was ordered to be detained in custody after a hearing before U.S. Magistrate Judge Susan Schwab.   

     The Sex Offender Registration and Notification Act requires not only registration, but also updates when the registrant moves to, is employed, or attends school in another state. 

“The Sex Offender Registration and Notification Act, commonly known as SORNA, is part of the Adam Walsh Child Protection and Safety Act of 2006, provides a set of minimum standards for sex offender registration and notification, and was enacted to help protect society from known sex offenders.  The Act’s requirements are mandatory and are enforced vigorously in the Middle District of Pennsylvania.”

     The case was investigated by the U.S. Marshals Service and is being prosecuted by Assistant United States Attorney James T. Clancy.

Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

     A sentence following a finding of guilty is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

     In this case, the maximum penalty under the federal statute is -10 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.