698 A.2d 99 | Pa. | 1997
Appellant, James Decker, takes this appeal from the judgment of sentence of three (3) to twenty-three and one-half (23-1/2) months’ imprisonment entered on December 21, 1995 following his conviction of corruption of minors
The 37-year old appellant was charged with corruption of minors after having sexual intercourse with a 15-year old girl. Appellant claims the evidence at trial was insufficient to support a guilty verdict because the intercourse was consensual and was the sole basis for the corruption charge. He further claims that at the time of the incident, our Legislature had not criminalized the exact conduct in which he engaged.
§ 6301. Corruption of minors
(a) Offense defined. — Whoever, being of the age of 18 years and upwards, by any act corrupts or tends to corrupt the morals of any minor less than 18 years of age, ... is guilty of a misdemeanor of the first degree.
This Court’s standard of review of a nonjury trial is to determine whether the findings of the trial court are supported by competent evidence and whether the trial judge committed error in the application of law. Stonehedge Square Ltd. Partnership v. Movie Merchants, Inc., 454 Pa.Super. 468, 685 A.2d 1019 (1996).
As to appellant’s first contention that he cannot be prosecuted under the statute because the sexual intercourse was consensual and thus there was no underlying criminal activity, consent is not an element in a corruption of minors charge. Commonwealth v. Miller, 441 Pa.Super. 320, 657 A.2d 946 (1995). Furthermore, while it is true that generally a corruption of minors charge accompanies a more serious charge such as involuntary deviate sexual intercourse, statutory rape, indecent assault, etc., nowhere in the statute is there a requirement of such underlying criminal activity, nor will one find a prohibition against a charge of corruption of minors standing alone. Moreover, the statute states “by any act” not “by any criminal act.”. The fact that a corruption of minors charge is generally coupled with additional underlying criminal activity is more a reflection of the usual application of the statute than it is legal precedent. We believe that if our legislators intended to require some underlying criminal activity as the basis for a corruption of minors charge, they would have written it into the statute.
There are a number of eases in which our Court has sustained a conviction for corruption of minors after the defendant had been acquitted of indecent assault.
In deciding what conduct can be said to corrupt the morals of a minor, “ ‘[t]he common sense of the community, as well as the sense of decency, propriety and the morality which most people entertain is sufficient to apply the statute to each particular case, and to individuate what particular conduct is rendered criminal by it.’ ” Commonwealth v. Pankraz, 382 Pa.Super. 116, 121, 554 A.2d 974, 977 (1989), quoting Commonwealth v. Randall, 183 Pa.Super. 603, 133 A.2d 276 (1957), cert. denied, 355 U.S. 954, 78 S.Ct. 539, 2 L.Ed.2d 530 (1958). Furthermore,
Corruption of a minor can involve conduct towards a child in an unlimited number of ways. The purpose of such statutes is basically protective in nature. These statutes are designed to cover a broad range of conduct in order to safeguard the welfare and security of our children. Because of the diverse types of conduct that must be proscribed, such statutes must be drawn broadly. It would be impossible to enumerate every particular act against which our children need be protected.
Commonwealth v. Todd, 348 Pa.Super. 453, n. 2, 502 A.2d 631, 635 n. 2 (1985), citing Commonwealth v. Burak, 232 Pa.Super. 499, 335 A.2d 820 (1975).
We believe the trial judge did not err by finding a 37-year old man having sexual intercourse with a minor some 22 years younger, whom he had just met and who never voiced her consent but remained silent throughout the entire act, would offend the common sense of the community and the sense of decency, propriety and the morality which most people entertain.
Finally, appellant contends our Legislature has determined adult men may legally “engage in non-deviate sex with consenting fifteen (15) year-old females without the consequence of becoming a sex offender.” (Appellant’s brief at 14.) Appellant is correct as he was not charged as a sex offender in this case but instead charged under the corruption of morals statute. We agree with appellant that our “Legislature took into account the common sense of the community, as well as the sense of decency, propriety and the morality which most people entertain when it decided to pass § 3122 [Statutory rape]”. (Appellant’s brief at 14.) We certainly do not believe, as appellant contends, however, that by doing so the Legislature was condoning sex between a 37-year old man and a girl just barely 15 years old. As indicated in footnote two, the statute upon which appellant relies was changed shortly after the incident at issue to enlarge the protection of young females from 14 to 16 years of age.
Ultimately, corruption of minors is a separate offense, which requires proof of nothing more than the specific underlying act alleged. Commonwealth v. Anderson, 379 Pa.Super. 589, 550 A.2d 807 (1988). In this case, the underlying act to which appellant eventually admitted was sexual intercourse with a 15-year old girl. It requires no stretch of reason to understand that an immature female can easily be seduced or mentally overpowered by an adult to engage in a large range of activity, the consequences of which she neither understands nor of which she is capable of dealing and which can have long-range, if not permanent, adverse effects.
Judgment of sentence affirmed.
HUDOCK, J., concurs in the result.
. 18 Pa.C.S. § 6301.
. Appellant is referring to 18 Pa.C.S. § 3122:
§ 3122. Statutory rape
A person who is 18 years of age or older commits statutory rape, a felony of the second degree, when he engages in sexual intercourse with another person not his spouse who is less than 14 years of age.
This section was repealed on March 31, 1995, approximately four months after this incident took place. It was replaced by 18 Pa.C.S. § 3122.1:
§ 3122.1. Statutory sexual assault
... [A]person commits a felony of the second degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is four or more years older than the complainant and the complainant and the person are not married to each other.
. See Commonwealth v. Miller, 441 Pa.Super. 320, 657 A.2d 946 (1995); Commonwealth v. Anderson, 379 Pa.Super. 589, 550 A.2d 807 (1988); Commonwealth v. Bricker, 397 Pa.Super. 457, 580 A.2d 388 (1990), alloc. denied, 527 Pa. 596, 589 A.2d 687 (1990).
. We find appellant’s argument regarding the Abortion Control Act to be irrelevant and will not address it.
. See footnote 2.