Commonwealth v. Hacker

609 Pa. 108 (2011)

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Nature of the Case

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Facts

D's 13-year-old nephew, CG, and his 12-year-old female friend, NA, regularly visited her apartment. Playing a game of 'truth or dare,' D dared NA to perform oral sex on CG; when NA refused, D threatened to inform NA's mother that she had misbehaved. D took NA by the hand, walked her across the bedroom, and sat her down next to CG. NA then performed oral sex on CG. D was convicted of solicitation to commit the rape of a child. D argued she could not be convicted of solicitation because the Commonwealth failed to prove she knew NA was under the age of 13. The trial court noted that a mistake of age is not a defense to the underlying crime, and found that P need not prove D knew NA was under the age of 13. The appeals court reversed. It reasoned that the crime was a specific intent crime. 'Without evidence that D knew N.A. was under thirteen, a jury could not conclude D intended to promote or facilitate the rape of someone under thirteen.' The court reversed the solicitation conviction. P appealed.