Commonwealth v. Snair
Commonwealth v. Snair
Opinion of the Court
Appellant, Randy Allen Snair, pleaded guilty to the statutory rape
The facts are as follows: At the time of the rape, appellant was 24 years old and married. The victim, 12 years old, was attempting to run away from home,
Appellant claims that at his sentencing the judge failed to comport with the mandates of Commonwealth v. Riggins, 474 Pa. 115, 377 A.2d 140 (1977), which require the sentencing judge to articulate on the record his reasons for the sentence, and Commonwealth v. Martin, 466 Pa. 118, 351 A.2d 650 (1976), under which the sentencing court must give individualized consideration to the circumstances of the crime and the character of the defendant. We disagree.
The record establishes that the sentencing court considered the seriousness of the statutory rape offense in and
The court shall impose a sentence of total confinement if.. .it is of the opinion that. . .
******
a lesser sentence will depreciate the seriousness of the crime of the defendant.
See also Commonwealth v. Walker, 468 Pa. 323, 362 A.2d 227 (1976) (discussion of the seriousness of rape and statutory rape).
Without specifically referring thereto,
Most disturbing to us, however, is appellant’s claim that his sentence was excessive because, as he puts it, he committed “an act of indiscretion, not an act of violence.” (Emphasis added.) We do not view the willful, sexual violation of a 12 year old child by a 24 year old man as an indiscretion. Even more appalling is appellant’s argument that “[t]he girl was a runaway and... he believed she had had prior sexual experience.” This attempt to justify his behavior staggers the imagination.
Appellant’s 2% to 7 year sentence for luring an immature, ingenuous, and unsophisticated 12 year old child into his grandparents’ home and there having sexual intercourse with her was hardly excessive. In our view, the circumstances of this case would easily support a much longer
Judgment of sentence affirmed.
. 18 Pa.C.S.A. § 3122 (Supp. 1980-81).
. The record does not reveal how far from home the victim traveled; it seems clear, however, that she never left her hometown of Hermitage, Pennsylvania.
. The friend is the brother of the appellant.
. 18 Pa.C.S.A. § 1325(3) (Supp. 1980-81).
. See Commonwealth v. Roberts, 263 Pa.Super. 237, 397 A.2d 1187 (1978) (Petition for Allowance of Appeal denied 16 April 1979) (Specific reference to the Sentencing Code is not required).
. 18 Pa.C.S.A. § 1322 (Supp. 1980-81):
The following grounds, while not controlling the discretion of the court, shall be accorded weight in favor of an order of probation:
(1) The criminal conduct of the defendant neither caused nor threatened serious harm.
(2) The defendant did not contemplate that his conduct would cause or threaten serious harm.
(3) The defendant acted under a strong provocation.
(4) There were substantial grounds tending to excuse or justify the criminal conduct of the defendant, though failing to establish a defense.
(5) The victim of the criminal conduct of the defendant induced or facilitated its commission.
(6) The defendant has compensated or will compensate the victim of his criminal conduct for the damage or injury that he sustained.
(7) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime.
(8) The criminal conduct of the defendant was the result of circumstances unlikely to recur.
(9) The character and attitudes of the defendant indicate that he is unlikely to commit smother crime.
(10) The defendant is particularly likely to respond affirmatively to probationary treatment.
(11) The confinement of the defendant would entail excessive hardship to him or his dependents.
*435 (12) Such other grounds as indicate the desirability of probation.
. The maximum term of imprisonment for statutory rape is ten years. 18 Pa.C.S.A. § 1103(2).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.