Bill Cosby can’t possibly be deemed a “sexually violent predator” under Pennsylvania law — given that the offenses he’s convicted of happened before a law requiring the assessment was even passed, his lawyer claimed Wednesday.
“This is an effort to apply a 2018 law to conduct that occurred prior to 2018,” defense attorney Joseph Green Jr. told The Post. “It’s unconstitutional to apply it retroactively.”
Cosby, 81, was convicted at retrial in April of three counts of aggravated indecent assault for drugging and sexually assaulting onetime Temple University staffer Andrea Constand in his Penn. home in 2004.
Prosecutors Tuesday filed a motion saying that assessors had recommended Cosby be found a “sexually violent predator” and be subject to treatment and enhanced neighbor notification of his status as a sex offender.
Green, who replaced Cosby’s Hollywood defense entourage headed by Tom Mesereau, wants the judge to declare the entertainer’s assessment unconstitutional.
A spokeswoman with the Montgomery County DA’s office, who prosecuted the case, declined to comment on the defense motion.
Judge Steven O’Neill has yet to rule.
Cosby is scheduled for sentencing on September 24. He faces up to 10 years behind bars on each count.