dissenting:
I dissent.
Our review of this case has been aided by the Commonwealth’s concession that appellee did not intend that the marijuana come into the possession of an inmate. Therefore, we are faced with a purely legal question of whether such intent is necessary for a conviction of the offense of contraband or whether simply possession of the contraband in such an institution is sufficient. I believe intent is irrelevant under the statutory language. The text of the statutory provision in question reads:
§ 5123. Contraband.
(a) Contraband to confined persons prohibited. — A person commits a misdemeanor of the first degree if he sells, gives or furnishes to any convict in a prison, or inmate in a mental hospital or gives away in, or brings into any prison, mental hospital, or any building appurtenant thereto, or on the land granted to or owned or leased by the Commonwealth or county for the use and benefit of the prisoners or inmates, or puts in any place where it may be secured by a convict of a prison, inmate of a mental hospital, or employee thereof, any kind of spirituous or fermented liquor, drug, medicine, poison, opium, morphine, or other kind of narcotics, without a written permit signed by the physician of such institution, specifying the quantity and quality of the liquor or narcotic which may be furnished to any convict, inmate, or employee in the prison or mental hospital, the name of the prisoner, inmate, or employee for whom, and the time when the same may be furnished, which permit shall be *465delivered to and kept by the warden or superintendent of the prison or mental hospital.
(Emphasis added).
The Commonwealth argues that the language “or brings into any prison” encompasses the conduct of appellee and does not require an intent to transfer the contraband to an inmate. The trial court found unclear whether the language “for the use and benefit of the prisoners” was meant to be tied to the phrase “or brings into any prison” or to the language “land granted to or owned or leased by the Commonwealth or county”. Considering the legal premise that penal statutes are to be strictly construed and ambiguities resolved in favor of criminal defendants, Commonwealth v. Darush, 256 Pa.Super. 344, 389 A.2d 1156 (1978), as well as the overall import of the statutory provision, the trial court concluded that an intent to deliver to an inmate was a necessary element of the offense, and thus the charges should be dismissed. The majority would affirm this decision. I respectfully disagree.
As noted by the trial court, there is perhaps some ambiguity with regard to the phrase “for use and benefit of the prisoners.” It could be read to qualify the bringing of contraband into the prison so that the phrase would be read to prohibit bringing into a prison a contraband substance for the use and benefit of the prisoners. However, this interpretation seems a bit strained when the location and context of the phrases are considered.
The more natural sounding construction would read this phrase to qualify the nature of the land owned or leased by the Commonwealth so that the phrase would read: brings into 1) any prison, 2) mental hospital, 3) any building appurtenant thereto, 4) or land granted to or owned or leased by the Commonwealth or County for the use or benefit of the prisoners or inmates. Not only is this a more natural sounding construction of the legislature’s language, I believe it also works to effectuate the intent of the enactment.
It appears clear that the harm the legislature desired to prevent is the acquisition of the contraband substance by *466the confined person. Although this goal would be effectuated to a certain degree if read with an intent to transfer, there would still be a risk, one that could be quite substantial, that a confined person would acquire such proscribed substances even if brought into the prison without intent to transfer the same. In such cases the purpose of the statute would be left unfulfilled and the harm sought to be prevented would occur. It is noteworthy that the language does not qualify the language “brings into” with intent to transfer to an inmate.
When we are called upon to interpret a legislative enactment we will attempt to construe its terms in a logical fashion while also trying to effectuate its general purpose. I believe the language of the subject statute is straight forward and prohibits bringing the enumerated substances onto prison property regardless of whether or not the individual has an intent to transfer the substance to a prisoner or not. As such, I would reverse the order dismissing the contraband charge and remand to the trial court.
CIRILLO, President Judge, and ROWLEY and MONTEMURO, JJ., join.