Commonwealth v. Budd

OPINION BY

KLEIN, J.

¶ 1 Jeffrey Budd appeals from the judgment of sentence entered in the Court of Common Pleas of Bucks County for institutional sexual assault, 18 Pa.C.S.A. § 3124.2.1 Budd challenges section 3124.2 on constitutional grounds. Because we *631find that it is reasonable to conclude that a person is an “inmate” even if on work release, and a correctional officer is still a correctional officer even if off-duty, we find no constitutional infirmity. Also, under the facts of this case, there is sufficient evidence for the trier of fact to conclude that Budd knew that the inmate with…