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).