Commonwealth v. DeBerry

VAN der VOORT, Judge:

A jury found defendant guilty of indecent assault under § 3126(2) of the Crimes Code, 18 Pa.C.S. § 3126(2). The lower court denied motions for a new trial and in arrest of judgment, and defendant has appealed.

We reverse and direct that the motion in arrest of judgment be granted.

The statute defining the crime with which defendant, age 18, was charged, reads in part as follows:

“A person who has indecent contact with another not his spouse, or causes such others to have indecent contact with him is guilty of indecent assault, a misdemeanor of the second degree, if:(2) he…