8 Pennsylvania opinions name it 2 courts 1976–2023 2 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bethea v. Pennsylvania Department of Correctionsgreen2 sentences2023The terms of the statute are “necessarily drawn broadly to capture conduct that ... involves the endangering of the physical or moral welfare of a child by an act or omission in violation of a legal duty.” Commonwealth v. Lynn, 114 A.3d 796, 819 (Pa. 2015) (citation omitted). 2023The terms of the statute are “necessarily drawn broadly to capture conduct that . . . - 14 - J-S44032-22 involves the endangering of the physical or moral welfare of a child by an act or omission in violation of a legal duty.” Commonwealth v. Lynn, 114 A.3d 796, 819 (Pa. 2015) (citation omitted). | 3 | 3 |
Commonwealth v. Taylorgreen2 sentences2015Relying on our holding in Mack , that the EWOC statute is necessarily drawn broadly to capture conduct that endangers the welfare of a child, and Superior Court precedent explaining that EWOC “involves the endangering of the physical or moral welfare of a child by an act or omission in violation of a legal duty,” Commonwealth v. Taylor, 324 Pa.Super. 420 , 471 A.2d 1228, 1230 (1984), the Commonwealth focuses on the intent element of the offense. 2015Relying on our holding in Mack , that the EWOC statute is necessarily drawn broadly to capture conduct that endangers the welfare of a child, and Superior Court precedent explaining that EWOC “involves the endangering of the physical or moral welfare of a child by an act or omission in violation of a legal duty,” Commonwealth v. Taylor, 324 Pa.Super. 420 , 471 A.2d 1228, 1230 (1984), the Commonwealth focuses on the intent element of the offense. | 1 | 2 |
Commonwealth v. Fostergreen1 sentence2019Commonwealth v. Foster, 764 A.2d 1076, 1082 (Pa. Super. 2000); see also Commonwealth v. Lynn, 114 A.3d 796, 823 (Pa. 2015) (stating that “the offense involves the endangering of the physical and moral welfare of a child by an act or omission in violation of legal duty[,] even though such legal duty itself does not carry a criminal sanction.” (citation and quotation marks omitted)). | 1 | 1 |
Commonwealth v. Chapmangreen1 sentence2019“The mens rea required for this crime is a knowing violation of a duty of care.” Commonwealth v. Chapman, 763 A.2d 895, 900 (Pa. Super. 2000) (citation and quotation marks omitted). | 1 | 1 |
Commonwealth v. Ogingreen2 sentences2015See 18 Pa.C.S. § 4304 (1995); Taylor, 471 A.2d at 1230 ; Vining, 744 A.2d at 315 (“[0]ne endangers the welfare of a child if he or she knowingly violates a duty of care, protection or support.”); Commonwealth v. Ogin, 373 Pa.Super. 116 , 540 A.2d 549, 553 (1988) (en banc) (providing that the statute “is a comprehensive provision designed to penalize those who knowingly breach a legal duty to protect the well-being of children who are entrusted to their care.”). 2015See 18 Pa.C.S. § 4304 (1995); Taylor, 471 A.2d at 1230 ; Vining, 744 A.2d at 315 (“[0]ne endangers the welfare of a child if he or she knowingly violates a duty of care, protection or support.”); Commonwealth v. Ogin, 373 Pa.Super. 116 , 540 A.2d 549, 553 (1988) (en banc) (providing that the statute “is a comprehensive provision designed to penalize those who knowingly breach a legal duty to protect the well-being of children who are entrusted to their care.”). | 1 | 1 |
Strickland v. Washingtongreen2 sentences2015Commonwealth v. Pierce, 515 Pa. 153, 158 , 527 A.2d 973, 975 (1987) citing Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 (1984). 2015Commonwealth v. Pierce, 515 Pa. 153, 158 , 527 A.2d 973, 975 (1987) citing Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 (1984). | 1 | 1 |
Commonwealth v. Vininggreen2 sentences2015See 18 Pa.C.S. § 4304 (1995); Taylor, 471 A.2d at 1230 ; Vining, 744 A.2d at 315 (“[O]ne endangers the welfare of a child if he or she knowingly violates a duty of care, protection or support.”); Commonwealth v. Ogin, 540 A.2d 549, 553 (Pa.Super. 1988) (en banc) (providing that the statute “is a comprehensive provision designed to penalize those who knowingly breach a legal duty to protect the well-being of children who are entrusted to their care.”). 2015See 18 Pa.C.S. § 4304 (1995); Taylor, 471 A.2d at 1230 ; Vining, 744 A.2d at 315 (“[0]ne endangers the welfare of a child if he or she knowingly violates a duty of care, protection or support.”); Commonwealth v. Ogin, 373 Pa.Super. 116 , 540 A.2d 549, 553 (1988) (en banc) (providing that the statute “is a comprehensive provision designed to penalize those who knowingly breach a legal duty to protect the well-being of children who are entrusted to their care.”). | 1 | 1 |
Commonwealth v. Piercegreen2 sentences2015Commonwealth v. Pierce, 515 Pa. 153, 158 , 527 A.2d 973, 975 (1987) citing Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 (1984). 2015Commonwealth v. Pierce, 515 Pa. 153, 158 , 527 A.2d 973, 975 (1987) citing Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 (1984). | 1 | 1 |
Commonwealth v. Cardwellgreen2 sentences2015Because the crime of EWOC is a specific intent crime, Commonwealth v. Cardwell, 357 Pa.Super. 38 , 515 A.2d 311, 313 (1986), and the intent required is the knowing violation of a duty of care, id., the Superior Court has long interpreted the intent element to require that: (1) the accused is aware of his/her duty to protect the child; (2) the accused is aware that the child is in circumstances that could threaten the child’s physical or psychological welfare; and (3) the accused has either failed to act or has taken action so lame or meager that such actions cannot reasonably be expected to pr 2015Because the crime of EWOC is a specific intent crime, Commonwealth v. Cardwell, 357 Pa.Super. 38 , 515 A.2d 311, 313 (1986), and the intent required is the knowing violation of a duty of care, id., the Superior Court has long interpreted the intent element to require that: (1) the accused is aware of his/her duty to protect the child; (2) the accused is aware that the child is in circumstances that could threaten the child’s physical or psychological welfare; and (3) the accused has either failed to act or has taken action so lame or meager that such actions cannot reasonably be expected to pr | 1 | 1 |
Commonwealth v. Marlingreen2 sentences1990In Mack , the Court also stated: The common sense of the community, as well as the sense of decency, propriety and the morality which most people entertain is sufficient to apply the statute to each particular case, and to individuate what particular conduct is rendered criminal by it. [Citing Commonwealth v. Marlin, 452 Pa. 380, 386-87 , 305 A.2d 14, 18 (1973).] The Official Comment to Section 4304 provides further guidance with respect to the statute, it states “The offense involves the endangering of the physical or moral welfare of a child by an act or omission in violation of legal duty e 1990In Mack , the Court also stated: The common sense of the community, as well as the sense of decency, propriety and the morality which most people entertain is sufficient to apply the statute to each particular case, and to individuate what particular conduct is rendered criminal by it. [Citing Commonwealth v. Marlin, 452 Pa. 380, 386-87 , 305 A.2d 14, 18 (1973).] The Official Comment to Section 4304 provides further guidance with respect to the statute, it states “The offense involves the endangering of the physical or moral welfare of a child by an act or omission in violation of legal duty e | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. MacK
green
2 sentences2015With these factors in mind, we turn to the language of the 1995 statute, which defines EWOC as follows: “A parent, guardian, or other person supervising the welfare of a child under 18 years of age commits an offense if he knowingly endangers the welfare of the child by violating a duty of care, protection or support.” 18 Pa.C.S. § 4304 (1995). 26 In commenting on this statute, the Pennsylvania Joint State 26 This statute was adapted from the Model Penal Code of the American Law Institute, which provides: “A parent, guardian, or other person supervising the welfare of (…continued) [J-97-2014] 2015With these factors in mind, we turn to the language of the 1995 statute, which defines EWOC as follows: “A parent, guardian, or other person supervising the welfare of a child under 18 years of age commits an offense if he knowingly endangers the welfare of the child by violating a duty of care, protection or support.” 18 Pa.C.S. § 4304 (1995). 26 In commenting on this statute, the Pennsylvania Joint State Government Commission stated that the offense “involves the endangering of the physical or moral welfare of a child by an act or omission in violation of legal duty even though such legal du | 2 | 1979–2015 |
Papachristou v. City of Jacksonville
green
2 sentences1976The offense involves the endangering of the physical or moral welfare of a child by an act or omission in violation of legal duty even though such legal duty does not itself carry a criminal sanction.” Appellee contends, and the trial court agreed, that the statute fails to meet the vagueness test set forth in Papachristou v. Jacksonville, 405 U.S. 156, 162 , 92 S.Ct. 839, 843 , 31 L.Ed.2d 110 (1972), which looks to whether a criminal enactment “give[s] a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute” and “encourages arbitrary and erratic 1976The offense involves the endangering of the physical or moral welfare of a child by an act or omission in violation of legal duty even though such legal duty does not itself carry a criminal sanction.” Appellee contends, and the trial court agreed, that the statute fails to meet the vagueness test set forth in Papachristou v. Jacksonville, 405 U.S. 156, 162 , 92 S.Ct. 839, 843 , 31 L.Ed.2d 110 (1972), which looks to whether a criminal enactment “give[s] a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute” and “encourages arbitrary and erratic | 1 | 1976–1976 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.