Com. v. Walls, S. ( 2016 )

J-A05010-16
2016 PA Super 156COMMONWEALTH OF PENNSYLVANIA, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellee
v.
SALIM WALLS,
Appellant No. 2222 EDA 2014
Appeal from the Judgment of Sentence July 1, 2014
In the Court of Common Pleas of Philadelphia County
Criminal Division at No(s): CP-51-CR-0003034-2014
BEFORE: OLSON, J., OTT, J., and STEVENS, P.J.E.*
DISSENTING STATEMENT BY STEVENS, P.J.E.: FILED JULY 19, 2016
I agree with the Majority that there are three elements to the crime of
retaliation against a prosecutor or judicial official: 1) the defendant acted in
retaliation for the lawful acts of a prosecutor or judicial official; 2) the
defendant harmed or attempted to harm any individual or that individual’s
property; and, 3) the defendant committed the harm, or committed the
attempt to harm, via an unlawful act.
As the Majority notes, however, “harm” in 18 Pa.C.S.A. § 4953.1(a) is
not defined by the legislature or the courts. I would, therefore, find that a
defendant who retaliates in response to a lawful action by a prosecutor or
judicial official is creating “harm” by the very act of retaliation. To construe
the statute and intent of the legislature otherwise gives the criminal free rein
to threaten a prosecutor or judicial officer at least once without the risk of
punishment under law.
*Former Justice specially assigned to the Superior Court.