Commonwealth v. Kendrick

In this case and the case of Commonwealth v. Wilcox, ante 131 (2005), also decided this day, we address a theory of defense advanced in connection with probation revocation hearings involving violations of a no contact probationary condition for a to-be-protected person or class of persons, here, children under the age of sixteen. The theory advanced by the defense in both cases is that — notwithstanding that a defendant, by acts of deliberate design and in a manner and in conflict with a probationary restriction, intentionally positions and interposes himself in very close proximity to the…