Last week, the Sexual Offenders Assessment Board of Pennsylvania came to a conclusion reflective of their own grading that Bill Cosby is a violent predator and falls under the respective classification of being a sexual violent predator. According to the Associated Press, the Black TV icon’s lawyers are now fighting the label by challenging the lawfulness of the Pennsylvania board’s judgment.

In last week’s court filing, Cosby’s lawyers declared that the newly revised sex offender registry law of Pennsylvania is unconstitutional and has no position operating under such alleged false pretenses.

Despite what the board says, only a judge can officially decide whether Cosby is a “sexual violent predator.” According to CNN, Montgomery County Judge Steven O’Neill is set the make the decision at an upcoming hearing.

Cosby, who is now 81 years old was found guilty on three counts of aggravated indecent assault in April. He was charged for drugging and sexually assaulting Andrea Constand at his Philadelphia mansion in 2004. His sentencing is due Sept. 24, where he faces up to 10 years in prison for each count. Legal experts say the TV legend is likely to spend much less time and may even not spend any time at all.

Shall the judge find the “sexual violent predator” classification to be lawfully correct, Cosby will have to receive sex offender counseling from a state-approved provider for at least once a month for the rest of his life.