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

XMA Nominations Party Set for Nov. 17 at Avalon Hollywood

A night that sets the stage for the flagship XMAs, this year’s nominations reveal party will take place at Avalon Hollywood on Tuesday, Nov. 17, with red-carpet arrivals starting at 8 p.m.

BrattyGirls.com Launches Through PAYSITE

Producer Robert Peru has launched his newest membership site, BrattyGirls, through PAYSITE.

Arcom Issues Warnings to 3 Adult Sites Over Age Verification

French media regulator Arcom has issued formal notices to the providers of three adult websites that the agency says have failed to implement age verification as required under French law.

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

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

Porn Piracy: How AI Is Transforming Content Theft and Protection

Gone are the days when the word “pirate” primarily conjured images of clever scoundrels like Captain Jack Sparrow, swaggering across the high seas in search of gold and jewels. Today’s most prolific pirates operate in the darkest corners of the internet, armed with bots, scrapers and generative AI.

Playhaus Network Launches Official Website Through PAYSITE

Podcast platform The Playhaus Network has partnered with PAYSITE to launch a new home for its original programming, featuring comedy, uncensored discussions and appearances by adult performers.

Sportsheets Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of Sportsheets in a case against a copycat website using an infringing domain.

Kylie Rocket, Derek Kage Cap AEBN's Top Stars for 3rd Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the third quarter of 2026.

JustFor.fans Launches Android Version of 'JFF Create' Mobile App

JustFor.fans (JFF) has rolled out an Android-compatible version of its creator management mobile app, JFF Create.

Kink.com Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of Kink.com in a case against a copycat website using an infringing domain.

Show More