Opinion
No. 35 MAL 2023
05-31-2023
In the INT. OF: T.Q.B., a Minor Petition of: T.Q.B., a Minor
ORDER
PER CURIAM
AND NOW , this 31st day of May, 2023, the Petition for Allowance of Appeal is GRANTED . The issue, rephrased for clarity, is:
Whether, in addressing an issue of first impression, the Superior Court panel erred as a matter of law in affirming Petitioner's adjudication of delinquency for transmission of sexually explicit images by construing the statute's definition of "nudity" under 18 Pa.C.S. § 6321(g), which includes "[t]he showing of the female breast with less than a fully opaque covering of any portion
thereof below the top of the nipple[,]" as not requiring a showing of the nipple.