Commonwealth v. Budd

BIEHN, J.,

Defendants filed a pretrial challenge to the constitutionality of the Institutional Sexual Assault Statute. 18 Pa.C.S. §3124.2. They allege that the statute is void for vagueness and overbroad. They also challenge the lack of a mens rea requirement in the statute.

*65At the time of the alleged incidents, defendants Budd, McMullen, and Gilmore were employed as Bucks County correctional officers. Defendant Doyle was a Bucks County prison counselor. All of the defendants have been separately charged with institutional sexual assault. Defendant Budd was charged under the original Act and…