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

'SheHerGirls' Launches Through Paysite.com

The braintrust behind PoleVixens has officially launched a new membership site, SheHerGirls, also through Paysite.com.

FTC Invites Public Comment on 'Click to Cancel' Rulemaking

The Federal Trade Commission (FTC) announced this week that it is seeking public comment on whether it should amend its Negative Option Rule to better address deceptive or unfair practices.

'PSMTickling' Launches Through Paysite.com

PSMTickling.com has officially launched through Paysite.com.

JuicyAds Marks 20-Year Anniversary

JuicyAds is celebrating its 20th anniversary.

AEBN Publishes Popular Searches for January, February

AEBN has published the top search terms for January and February from its straight and gay theaters in all 50 states and the District of Columbia.

2026 TEAs Shine Bright in Celebration and Solidarity

The industry’s trans adult performers, creators and creatives came together Sunday night at the historic Avalon nightclub in Hollywood for an evening of well-deserved celebration: the 2026 Trans Erotica Awards.

Kansas Plaintiff Drops Chaturbate AV Suit, Revamps SuperPorn Complaint

The plaintiff in a lawsuit alleging that cam platform Chaturbate violated Kansas’ age verification law has voluntarily dismissed that action, while retooling a similar complaint against adult site SuperPorn.

New Creator Networking Platform 'CollabGPS' Launches

CollabGPS, a new creator networking platform designed to facilitate safe collaboration, has officially launched.

Chaturbate Launches Yearlong 15th Anniversary Campaign

Chaturbate has launched a yearlong campaign to celebrate its 15th anniversary, titled “CB15.”

Show More