Pa. Supreme Court: Viewing CP Online Is a Felony

PHILADELPHIA — Pennsylvania’s highest court ruled this week that prosecutors do not necessarily have to prove a defendant intentionally downloaded child porn to get convictions.

The Supreme Court on Tuesday upheld the 2005 conviction of Anthony Diodoro on 30 felony counts of sexual abuse of children and one count of criminal use of a communications facility.

State police said that Diodoro had 30 unlawful images located on his hard drive, with another 340 suspected unlawful images of females under 16.

Police testified they used forensic software to locate 370 images of child porn that had been automatically stored in his computer’s cache files and in unallocated space on the hard drive.

Diodoro contended in his appeal that he was merely viewing the images and had no “control” of the images.

But the justices said Diodoro had “knowing control” of child porn when he intentionally clicked on images from different websites for the purpose of viewing them.

Justices, 3-0, ruled that 18 Pa.C.S. § 6312(d) of the state penal code said the law ''should not and cannot be read to allow intentional and purposeful viewing of child pornography on the Internet without consequence.”

The high court also said that the state’s lawmakers’ clear intentions in the law were unambiguous.

“It would be nonsensical to assume that it was the intention of the General Assembly to have utilized two terms — ‘possession’ and ‘control’ — interchangeably,” the court said.

“A contrary interpretation would be absurd and lead to unreasonable results — a gigantic loophole in the statute, never intended by the General Assembly, that would allow individuals to intentionally access and view child pornography via the Internet with impunity, which would make the statute toothless.”

Joan Irvine, who leads ASACP as CEO, said that whether one views child porn on the Internet or downloads child porn to one’s computer it still has the same effect: it perpetuates children being sexually abused.

“However, we’ve also seen cases where people weren’t even aware that they would view child porn from an email or be directed to child porn site,” she said. “So I would suggest that any law be written to address these situations.”

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

TSBlondieNYC Launches Official Website Through PAYSITE

TSBlondieNYC has launched an official website through PAYSITE.

Teasr Launches Live Shopping Platform for Creators and Sexual Wellness Brands

Teasr has officially launched its live-selling and social-shopping platform for wellness brands, creators, educators, and artisans.

JulModels Launches Cross-Paysite Royalty Generation Feature for Performers and Creators

JulModels has introduced JulRoyalty, a feature that allows performers and creators to earn royalties from their existing scenes and clips.

FSC Hails Members, Allies in SCREEN Act Victory

The Free Speech Coalition (FSC) released a statement today praising its members and allies after a successful lobbying effort to prevent the SCREEN Act, a nationwide age verification bill, from advancing out of the Commerce Committee for a full vote on the Senate floor.

SCREEN Act Stalls in Senate Committee Over Technicality

The Senate Commerce Committee on Wednesday voted to approve the SCREEN Act, which would mandate nationwide site-based age verification of users seeking to access adult content online, but a procedural issue blocked the bill from advancing to the full Senate.

DarkFans Adds Time-Limited Content Pricing

DarkFans has debuted its Configure Limits feature for automating content promotions.

Clips4Sale, Free Speech Coalition Partner for 'Creator Workflow' Webinar

Clips4Sale (C4S) and Free Speech Coalition (FSC) partnered for a webinar titled “Organization & Workflow: Simple Systems for Busy Creators.”

Pineapple Support, Streamate Partner for 'Self-Parenting' Support Group

Pineapple Support and Streamate are hosting a free online support group focused on self-care for performers, titled "Self-Parenting: Becoming Your Own Safe Space."

Nerds of Porn to Relaunch Site Through MyMember.site

Nerds of Porn is relaunching its membership site through MyMember.site on Aug. 14.

Show More