Date of Conferral

2021

Degree

Ph.D.

School

Criminal Justice

Advisor

Hilda Shepeard

Abstract

AbstractNonviolent sexual offenders are known to have lesser risk of reoffense than their violent sexual offender counterparts; however, both categories of sexual offenders are contained within the same registry in Pennsylvania, without indication of the differences in the nature of their crimes. It was not known why Pennsylvania’s laws require all sex offenders to be listed in one homogenous group. The purpose of this qualitative case study was to identify the factors legislators use to determine how a sex offense crime is categorized in legislative decisions in Pennsylvania. Social construction theory served as the theoretical foundation for the study. Data were collected from semistructured interviews with eight Pennsylvania legislators who sponsored or cosponsored sex-offense classification and penalty laws. Data were coded using a six-step thematic process to categorize input for thematic analysis and constant comparison. Results indicated legislators primarily considered sex offense victims’ accounts and media attention to sex offenses when creating laws. Lack of delineation of violent and nonviolent sex offenders was predicated on legislators’ beliefs that constituents would oppose delineation, but legislators acknowledged that a homogenized registry negatively impacts nonviolent sex offenders’ lives. Findings may inform more appropriately targeted legislation and rigorous evaluation of outcomes to promote community safety and prevent sex offenses. Positive social change implications may include an increase in social equity particularly for some nonviolent offenders who are unfairly penalized for life. This would be a step forward to promote positive social change to an otherwise marginalized population.

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