In re M.W., 725 A.2d 729 (Pa. 1999)

Cases | In re M.W., 725 A.2d 729 (Pa. 1999) | 2018

Prior to a delinquency hearing, the appellant, a juvenile, entered into a negotiated plea agreement with the Commonwealth. The juvenile court adjudicated the juvenile delinquent on the charge of criminal trespass. At the restitution hearing, the juvenile court ordered restitution in the amount of $1,000, although the victim’s actual damages were much higher ($29,764.34). The juvenile appealed. A divided panel of the Superior Court vacated the order of restitution, finding that the offense admitted to by the juvenile, criminal trespass, did not contain damage to tangible property as an essential element. Thus, the damage to the victim’s residence was not a direct result of the juvenile’s delinquent conduct. Furthermore, since the juvenile was not the initial trespasser who set the resulting damages in motion, the damages could not be viewed as an indirect result of his delinquent act. The Commonwealth appealed. The Supreme Court of Pennsylvania reversed the order of the Superior Court, and reinstated the order of the juvenile court. The court noted that the juvenile was charged with multiple offenses, and admitted to one such offense. The juvenile admitted to his participation in the criminal activity, agreed to pay restitution to resolve the matter, and was ordered to make only a small measure of restitution (approximately three percent of the actual damages). Thus, in light of the rehabilitative policies underlying the Juvenile Act, the juvenile court appropriately ordered restitution.