Commonwealth v. Hacker

OPINION

Justice EAKIN.

Appellee’s then-13-year-old nephew, CG, and his 12-year-old female friend, NA, regularly visited her apartment. One night, playing a game of “truth or dare,” appellee dared NA to perform oral sex on CG; when NA refused, appellee threatened to inform NA’s mother that she had misbehaved. Appellee then took NA by the hand, walked her across the bedroom, and sat her down next to CG. NA then performed oral sex on CG.

A jury convicted appellee of solicitation 1 to commit the rape of a child,2 and the trial court sentenced appellee accordingly. In post-trial motions, appellee…