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

Tennessee Bill Would Require Warnings on Adult Stores

The Tennessee Senate has passed a bill requiring adult stores, theaters and other establishments in the state to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Report: Irish Regulator Seeks 'Industry Input' on AV Compliance

Irish media regulator Coimisiún na Meán (CnaM) will draw on “industry input” to help establish a framework for assessing platforms’ compliance with Ireland’s Online Safety Code and the EU’s Digital Services Act, news organization MLex reports.

'iDealgasmPlus' Launches Through PAYSITE

iDealgasmPlus.com has officially launched through PAYSITE.

Canadian Senate Approves National Age Verification Bill

Canada’s Senate on Wednesday passed bill S-209, the “Protecting Young Persons from Exposure to Pornography Act,” which would require commercial adult websites to verify that Canadian users are at least 18 years old.

Sara Jay Relaunches Site Through PAYSITE

Sara Jay has relaunched her membership site, WydeSyde, through PAYSITE.

European Commission: Age Verification App Ready For Use

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

AEBN Reveals Ariel Demure as Top Trans Star for Q1 of 2026

AEBN has named its top trans stars for the first quarter of 2026, with Ariel Demure landing atop the leaderboard.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Pennsylvania Legislature Weighs 'Porn Tax' Bill

The Pennsylvania State Senate is considering a bill that would impose a 10% tax on the revenue of adult websites doing business in that state.

Show More