Court upholds lengthy sentence for man who traded drugs for sexual favors with minors
Holpit serving 17 to 50 years for trading weed for sexual favors
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The Pennsylvania Superior Court this week upheld a lengthy prison sentence imposed on a Tyrone man convicted of trading marijuana for sexual favors from eight minor female victims.
According to the opinion issued by the appeals court, Paul Robert Holpit, 28, was the perpetrator of what it called a "common scheme" in which he lured the teens into providing him with sexual favors by agreeing to provide them with $10 or $20 worth of marijuana.
The three-judge panel reviewing the case rejected the defense argument presented by Holpit's Hollidaysburg defense attorney, Joseph Lee Addink, which contended the laws under which Holpit was charged were vague and unconstitutional.
The panel, which included judges Mary Jane Bowes, Judith F. Olson and John T. Bender, found there was sufficient evidence to convict Holpit of eight counts of trafficking in individuals, solicitation of involuntary deviate sexual intercourse, possession of child pornography, unlawful contact with a minor and other offenses.
Blair County President Judge Wade A. Kagarise sentenced Holpit to a prison term of 17 years and four months to 50 years. His prison sentence is to be followed by three years of probation.
Holpit remains incarcerated in the State Correctional Institution at Dallas in Luzerne County.
The Superior Court panel, in explaining what led to Holpit's arrest in 2022, went into detail concerning one of the cases.
It reported, for instance, a 16-year-old female was contacted by Holpit via Snapchat.
The two agreed to meet in a parking lot to sell her a small amount of marijuana.
"After approximately three weeks and 10 sales, Holpit asked her for sexual favors," the court opinion continued.
The teen agreed, and afterward, Holpit gave her marijuana for free.
She, however, declined another deal he offered her, which included $120 worth of marijuana in exchange for sexual favors.
The girl, however, sent him nude pictures and he sent her videos of himself.
Their relationship ended when the teen "came forward" after she learned that Holpit had contacted a 12-year-old girl she knew.
On May 3, 2022, a Tyrone police officer went to the high school after a guidance counselor received a report that an adult male had solicited a student and others for sexual favors.
"The ensuing investigation revealed that (Holpit) had engaged in similar schemes with seven other minor females," the panel explained.
The defense contended in its appeal that the evidence used to convict Holpit was insufficient.
It focused on the wording of the statutes under which Holpit was charged.
While the statutes used to charge Holpit may seem confusing from the defense point of view, the Superior Court panel found otherwise.
"We conclude that plain language interpretation of this statute establishes that the Commonwealth presented sufficient evidence of (Holpit's) guilt," stated the opinion written by Bender.
As to the defense argument that the law was "unconstitutionally vague," that too was rejected as being waived because the challenge was untimely.
Holpit, the appeals court stated, raised his constitutional challenge for the first time on appeal.
We agree with the Commonwealth that the issue has been waived due to (Holpit's) failure to present the issue to the trial court (Kagarise)," the Superior Court opinion ended.
Holpit can seek review of the Superior Court decision by the Pennsylvania Supreme Court.