In The Supreme Court of Pennsylvania

Supreme Court of Pennsylvania
April 27, 2015

http://www.pacourts.us/assets/opinions/Supreme/out/j-97-2014do%20-%201021925103405616.pdf#search=%22commonwealth v. lynn%22

IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Appellant

v.

WILLIAM LYNN,

Appellee

No. 15 EAP 2014

Appeal from the Judgment of Superior

Court entered on 12/26/13 at No. 2171

EDA 2012 reversing the judgment of

sentence entered on 7/24/12 in the

Court of Common Pleas, Criminal

Division, Philadelphia County at No.

CP-51-CR-0003530-2011

ARGUED: November 18, 2014

DISSENTING OPINION

MR. CHIEF JUSTICE SAYLOR DECIDED: April 27, 2015

Because I differ with the majority’s interpretation of the endangerment statute reposed in Section 4304(a) of the Crimes Code, I respectfully dissent.

Preliminarily, the evidence viewed favorably to the Commonwealth suggests that Appellee is indeed guilty of gross derelictions which caused widespread harm. The only question before the Court, however, is whether the text of the endangerment statute, as it existed in the pre-amendment timeframe, allowed the imposition of criminal culpability upon Appellee. For the reasons which follow, I would find that it did not.

The statute makes it an offense for a “parent, guardian or other person supervising the welfare of a child” to knowingly endanger a child’s welfare by violating a duty of care, protection, or support. 18 Pa.C.S. §4304(a) (1995), quoted in Majority Opinion, slip op. at 19. The principal issue in this appeal pertains to the “supervision” element of the pre-amendment offense.