In the Int. of: T.Q.B., a Minor

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

IN THE INT. OF: T.Q.B., A MINOR : No. 35 MAL 2023 : :

PETITION OF: T.Q.B., A MINOR : Petition for Allowance of Appeal : from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 31st day of May, 2023, the Petition for Allowance of Appeal

is GRANTED. The issue, rephrased for clarity, is: Whether, in addressing an issue of first impression, the Superior Court panel erred as a matter of law in affirming Petitioner’s adjudication of delinquency for transmission of sexually explicit images by construing the statute’s definition of “nudity” under 18 Pa.C.S. § 6321(g), which includes “[t]he showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple[,]” as not requiring a showing of the nipple.