Appeal from the Order of the Superior Court at No. 1649 EDA 2007 dated February 23, 2009 vacating the Order of the Court of Common Pleas of Montgomery County dated June 13, 2007 at No. 2458-2005 and remanding for re-sentencing
The opinion of the court was delivered by: Madame Justice Orie Melvin
CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN JJ.
In this appeal by allowance, we consider the proper grading of a conviction for attempted unlawful contact with a minor, pursuant to 18 Pa.C.S. § 6318, when the defendant was acquitted of all other charged offenses.
On Wednesday, January 12, 2005, Detective Mary Anders was working undercover for Montgomery County Detective Bureau's Internet Crime Against Children Task Force ("Task Force"). While posing as twelve-year-old "Taylorgirl1992" in a public chat room, Detective Anders queried, "[A]nyone from Montgomery County?" Defendant-Appellee, Richard J. Reed, who was using the screen name*fn1 "RJR5099," responded by sending
Detective Anders a private instant message ("IM").*fn2 The ensuing conversation proceeded as follows:
A. 12, female, King of Prussia.
Q. Did you get my pics[?]
Q. Thank you. You like older guys?
Q. Do you still want to chat?
A. Yeah, it cool. What's your name? I am Taylor, LOL.
Q. I am kind of looking for someone to give some up. Rich.
Q. So what kinds of things have you done with guys?
A. Just kiss and touch little.
Q. You trying to give some up?
A. Don't know. I never did much you know.
Q. What are you doing tomorrow?
A. Nothing. I got school, but whatever.
Q. Why don't you skip and hang ...