Commonwealth v. Yachimowski

The defendant was convicted of endangering the welfare of children after he confined his young child to her bedroom by drilling two baby-gates stacked on top of each other in her open doorway. At trial, the defendant asked that the judge charge the jury on parental justification found in 18 Pa.C.S. § 509(1). The trial court denied the request, claiming that the defendant used “confinement” and not “force.” The Superior Court disagreed and remanded for a new trial. The Court held that the defendant’s actions fell within the definition of force given by the PA Supreme Court in Commonwealth v. Rhodes, 510 A.2d 1217 (Pa. 1986).

YACH