Commonwealth v. Aikens, M., Aplt.

OPINION

JUSTICE BAER

This appeal requires the Court to determine the proper grading for sentencing of a defendant’s conviction for unlawful con tact with a minor, 18 Pa.C.S. § 6318, 1 when the grading is based on the offense for which the defendant contacted the minor, here involuntary deviate sexual intercourse (IDSI), but where the jury ultimately acquitted the defendant of that substantive offense. Here, because the trial court instructed the jury that if it concluded the purpose of contacting the minor was to engage in IDSI, Appellant would be guilty of unlawful contact with a minor, and…