Pocono News Section

Assistant DA: Sex Law Loophole Needs To Be Fixed

Assistant DA: Sex Law Loophole Needs To Be Fixed - Monday, February 8, 2010 at 6:10PM EST

Reported by: Jeremy Deebel
Monday, Feb 8, 2010 @ 06:10pm EST
Hughesville, Lycoming County-

A loophole in the state's sex offender law is letting some dangerous criminals off the hook. And it has happened right here in our area.

When state police arrested a 25-year-old carnival worker for public drunkenness outside the Lycoming County fairgrounds last fall, they uncovered much more.

A quick check of Michael Benkoe's records showed he was a convicted sex offender in his home state of Ohio.

When he traveled to Pennsylvania to work for the fair's rides vendor, he never registered with any local law enforcement agencies, as required by Megan's Law.

But on Friday, a loophole in PA's sex offender law let Benkoe get away.

Lycoming County Assistant District Attorney Mary Kilgus explained, "What the court found is that for the purposes of a homeless person, a person we cannot verify has been living someplace for 30 days, the statute doesn't apply. Which basically says that anyone who we can't prove an address for, for 30 days, can't be charged with failing to register."

For Kay Figels, who lives right next to the Lycoming County fairgrounds, the ruling hits too close to home. She said, "It's scary because my grandchildren come to visit and there are a lot of children that go to the fair."

Kilgus says all the states around Pennsylvania, except Ohio, have addressed the loophole. And with a handful of similar cases coming up, she wants it fixed here too.

Kilgus noted, "Sometimes they're ordered not to be in their own house because there are kids there. So they stay with mom, and they're flipping back and forth between all these addresses.”

So as long as they keep on the move, they're essentially outrunning the law? “That's right," she agreed.

Kilgus recently met with State Senator Gene Yaw and Representative Garth Everett. Both are working to advance her proposal to amend the state's sex offender laws.

Some say it can't happen soon enough.

Figels added, "I feel it should've been taken care of a long time ago. I think a lot of these people get away with things and nothing is ever done about it."

We're told a similar proposal from Dauphin County has bogged down in the state’s judiciary committee. Kilgus believes more public support would convince lawmakers to act quickly to resolve the loophole.