Commonwealth v. John

854 A.2d 591, 2004 Pa. Super. 266, 2004 Pa. Super. LEXIS 2211
CourtSuperior Court of Pennsylvania
DecidedJuly 12, 2004
StatusPublished
Cited by25 cases

This text of 854 A.2d 591 (Commonwealth v. John) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. John, 854 A.2d 591, 2004 Pa. Super. 266, 2004 Pa. Super. LEXIS 2211 (Pa. Ct. App. 2004).

Opinion

OPINION BY

BECK, J.:

¶ 1 One of the questions raised in this appeal is whether Pennsylvania courts have jurisdiction over a solicitation to engage in criminal conduct made from another state to this state via the internet. We find that jurisdiction here is proper and, further, that the other issues appellant raises have no merit. As a result, we affirm the judgment of sentence.

¶ 2 Appellant Donald John, while at his place of work in Delaware and Maryland, 1 responded to an internet posting by “Missy,” who described herself as a 13 year-old girl in Pennsylvania. In reality, “Missy” was Agent Michele Deery of the Pennsylvania Attorney General’s-Office acting on assignment to the Delaware County District Attorney’s Internet Crimes Against Children Task Force.

¶ 3 Over a period of about two weeks, appellant communicated with “Missy” via email. His intentions became clear rather quickly as he first explained that he wanted to “hook up” with a young girl and later related that he wished to engage in oral sex and intercourse with the girl. Appellant sent “Missy” explicit pornographic images depicting sexual acts and encouraged her to masturbate in advance of their rendezvous. When he learned that “Missy” had little sexual experience, he reassured her that he would take things slowly. He offered to travel to Media, Pennsylvania to meet “Missy” and suggested that they get a hotel room nearby. Appellant discussed the problems “Missy” might have with her parents in getting out of the house for the night and confirmed that what he planned was illegal. He asked “Missy” to verify that she was not a police officer.

¶ 4 “Missy” (Agent Deery) agreed to meet appellant on August 14, 2001 at a convenience store in Media, Pennsylvania. Appellant arrived at the designated place and approached an undercover police officer who was posing as the girl and asked her if her name was “Missy.” When appellant and the officer began to walk toward appellant’s vehicle, police moved in and arrested him.

¶ 5 At the police department, appellant was advised of his rights, waived them and *593 gave a taped statement in which he admitted all of the conduct set out above. He was charged with three counts of Criminal Solicitation 2 to commit Sexual Abuse of a Child, Involuntary Deviate Sexual Intercourse and Statutory Sexual Assault. He was also charged with two counts of Criminal Attempt 3 for Unlawful Contact or Communication with a Minor and Corruption of a Minor. After an unsuccessful attempt to suppress his recorded statement, appellant proceeded to a bench trial before the Honorable Charles C. Keeler. Judge Keeler found appellant guilty of all charges, imposed a prison sentence of three to six years and denied post sentence motions. This timely appeal followed.

¶ 6 Appellant presents three issues on appeal. The first two address only his convictions for solicitation. He claims that the courts of this Commonwealth lack jurisdiction over the solicitation charges and, further, that the trial court erred in denying his motion to quash the solicitation informations based on 18 Pa.C.S.A. § 904(b). 4 Appellant’s third claim is that the entire criminal matter should have been dismissed pursuant to 18 Pa.C.S.A. § 905(b). 5 We address the claims in the order they are raised. 6

¶ 7 The basis of appellant’s jurisdiction claim is that any solicitations he made were accomplished while he was sitting at his workplace computer in either Maryland or Delaware and, as a result, Pennsylvania’s courts do not have jurisdiction over his out-of-state conduct. Jurisdiction is purely a question of law; the appellate standard of review is de novo and the scope of review plenary. Commonwealth v. Bethea, 574 Pa. 100, 828 A.2d 1066, 1071 n. 5 (2003), cert. denied, — — U.S. ——, 124 S.Ct. 1065, 157 L.Ed.2d 911 (2004).

¶ 8 We begin by noting that there are no trial transcripts in the certified record and the origin of appellant’s many (over 85) electronic communications with “Missy” cannot be ascertained from the exhibits, which are merely printed versions of the emails he sent. Although many of the exhibits reveal appellant’s email address as *594 the one connected to his email account at work, we cannot be certain exactly where appellant was when he sent the email. In addition, appellant specifically told police in his recorded statement that he sent emails to “Missy” from both his home in Pennsylvania and his places of work, out of state.

¶ 9 Certainly, any emails appellant sent from his residence in York, Pennsylvania to Media, Pennsylvania would subject him to the jurisdiction of the Pennsylvania courts. To the extent any of the emails originated from appellant’s computer in York, the jurisdiction of the Pennsylvania courts is unquestioned. See Commonwealth v. Bethea, supra, at 113, 828 A.2d at 1074 (all courts of common pleas in Pennsylvania have statewide subject matter jurisdiction in cases arising under the Crimes Code).

¶ 10 Still, it is clear that many of the email messages relied on by the Commonwealth to support the solicitation charges were written by appellant while he was at his workplace in Maryland and Delaware. The question then is whether the fact that these communications were sent to “Missy” in Pennsylvania grants the courts of this Commonwealth jurisdiction over the criminal conduct at issue.

¶ 11 Generally, a person may be convicted under the law of this Commonwealth if his “conduct which is an element of the offense of the result which is such an element occurs within this Commonwealth.” 18 Pa.C.S.A. § 102(a)(1). Appellant argues that his conduct of soliciting did not occur in Pennsylvania and so he cannot be punished here.

¶ 12 We have reviewed a number of cases discussing the validity of Pennsylvania’s jurisdiction when an act or acts connected to a crime within our state originate outside the jurisdiction of the Pennsylvania courts. In Commonwealth v. Bighum, 452 Pa. 554, 307 A.2d 255 (1973), the appellant asserted that Pennsylvania had no jurisdiction over a shooting that took place at a post office and in a surrounding area in Philadelphia because the shooting began on federal property that was within the exclusive jurisdiction of the federal courts. The Pennsylvania Supreme Court noted that the death occurred ultimately in Philadelphia and a number of wounds were inflicted within the city limits. Finding that jurisdiction was proper, the court noted that “acts done 'outside a'jurisdiction, but intended to produce and producing detrimental effects within it, justify a state in punishing the cause of the harm.” Id. at 557-558, 307 A.2d at 258 (quoting Strassheim v. Daily, 221 U.S. 280, 31 S.Ct. 558, 55 L.Ed. 735 (1911)).

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Cite This Page — Counsel Stack

Bluebook (online)
854 A.2d 591, 2004 Pa. Super. 266, 2004 Pa. Super. LEXIS 2211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-john-pasuperct-2004.