Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

COMMONWEALTH PENNSYLVANIA v. DARENE HELEN ROBBINS (11/05/86)

filed: November 5, 1986.

COMMONWEALTH OF PENNSYLVANIA
v.
DARENE HELEN ROBBINS, APPELLANT



Appeal from the Judgment of Sentence in the Court of Common Pleas of Northampton County, Criminal Division, No. 1019-1984.

COUNSEL

Lawrence B. Fox, Bethlehem, for appellant.

Michael Vedomsky, Assistant District Attorney, Easton, for Com., appellee.

Cirillo, President Judge, and Cavanaugh and Tamilia, JJ.

Author: Tamilia

[ 358 Pa. Super. Page 227]

This is an appeal from judgment of sentence entered after a jury convicted appellant of prostitution. A sentence of one year probation and a $750 fine was imposed. Appellant was charged under section (b) of Prostitution and related offenses, 18 Pa.C.S.A. § 5902, which states that it is an offense to "knowingly promote prostitution of another by owning, controlling, managing, supervising or otherwise keeping, alone or in association with another, a house of prostitution or a prostitution business . . . ."

The jury found appellant in violation of this section for her co-owner status of the Body Clinic, an establishment where semi-nude female employees perform massages on nude male customers for a fee. The "massage" included masturbation of the genitalia.

On appeal, appellant contends, inter alia, that section 5902 of the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 5902, Prostitution and related offenses, is unconstitutionally vague and thus, void. Specifically, it is alleged that the

[ 358 Pa. Super. Page 228]

    term "sexual activity" is inadequately defined. Section 5902 provides in pertinent part:

(a) Prostitution. -- A person is guilty of prostitution; a misdemeanor of the third degree, if he or she:

(1) is an inmate of a house of prostitution or otherwise engages in sexual activity as a business;. . . (Emphasis added)

Subsection (f) of section 5902 further defines sexual activity as "includ[ing] homosexual and other deviate sexual relations." In essence, appellant asserts she had no notice and fair warning as required by due process that she was violating the law ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.