COMMONWEALTH v. GALLAGHER


924 A.2d 636 (2007)

COMMONWEALTH of Pennsylvania, Appellant, v. Terrence GALLAGHER, Appellee.

Supreme Court of Pennsylvania.

Decided June 1, 2007.


Attorney(s) appearing for the Case

Bruce Lee Castor, Jr., Esq., Kevin Joseph McCloskey, Montgomery County District Attorney's Office, Norristown, for Commonwealth of Pennsylvania.

Carolyn Tornetta Carluccio, Esq., Jeanette D. Dickerson, Esq., Montgomery County Public Defender's Office, for Terrence Gallagher.

BEFORE: CAPPY, C.J., and CASTILLE, SAYLOR, EAKIN, BAER, BALDWIN and FITZGERALD, JJ.


OPINION

Chief Justice CAPPY*.

The question presented in this appeal is whether the offense of luring a child, 18 Pa.C.S. § 2910, is a strict liability crime with regard to the age of the victim. The Superior Court concluded that § 2910 was not a strict liability crime with regard to the age of the victim and that the Commonwealth had to prove that Appellee Terrence Gallagher acted knowingly, recklessly, or negligently...

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