Commonwealth v. Kerrigan

J. A32034/06prejudice and thus, we find that Kerrigan’s seventh question offers no relief.See Commonwealth v. Sam, 635 A.2d 603, 608 (Pa. 1993) (holding that“in the instant case, on the facts presented here, we are certain that the jurywould have returned the same verdict . . . had it been properly instructed.. . . .The failure to request the limiting instruction did not alter theoutcome.”). 26 In support of his eighth and final question, Kerrigan seeks an arrest ofjudgment for the convictions for Rape of Child (Serious Bodily Injury) andInvoluntary Deviate Sexual Intercourse with a Child (Serious Bodily Injury)because the Commonwealth failed to establish that A.R. suffered seriousbodily injury. Brief for Appellant at 62. Specifically, Kerrigan argues thatpursuant to the Criminal Code, serious bodily injury is defined as “bodilyinjury which creates a substantial risk of death or which causes serious,permanent disfigurement, or protracted loss or impairment of the function ofany bodily member or organ” and that the transmission of genital warts, orHPV, does not satisfy that standard. Brief for Appellant at 62-63 (citing 18Pa.C.S. § 2301). 27 Kerrigan argues that the possibility that A.R. may, at some point,develop cervical cancer does not satisfy the requirement of serious bodilyinjury. The issue of whether genital warts and the transmission of HPV canconstitute serious bodily injury presents an issue of first impression for this-20-