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More on the risks of viewing child pornography online without trying to save the images.

By Marks & Katz, LLC

On November 16, 2006, I blogged about a Pennsylvania Superior Court opinion that the crime of possessing child pornography from an online source (as opposed to a statute prohibiting the mere viewing of child pornography) requires that the defendant know that the image is actually being saved to the computer. Pennsylvania v. Diodoro, 2006 PA Super 308, No. 1889 EDA 2005.  Thanks to a colleague for notifying me that an en banc panel subsequently reversed the foregoing Diodoro opinion. Commonwealth v. Diodoro, 932 A.2d 172 (Pa. Super. Ct. 2007), aff'd., 970 A.2d 1100 (Pa. 2009).   In affirming Diodoro's conviction, the Pennsylvania Supreme Court concluded that "a defendant may be convicted of sexual abuse of children for the mere knowing control of child pornography"...continue to full post

Full post as published by Underdog on August 11, 2009 (boomark / email).