J-A05010-16 2016 PA Super 156 COMMONWEALTH 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.