Gina Passarella
The Legal Intelligencer
08-24-2007
The Pennsylvania Superior Court isn’t buying the argument that a man who viewed child pornography on his computer, but didn’t save the images, couldn’t be charged with possession of child pornography.

A 7-2 en banc Superior Court panel in Commonwealth v. Diodoro reversed a prior three-judge panel that found there was not sufficient evidence to show Anthony Diodoro downloaded or saved the images of child pornography he viewed.

In the latest majority opinion, Judge Correale F. Stevens said §6312(d) of the Crimes and Offenses Code, which prohibits the possession of child pornography, clearly states that anyone who “possesses or controls” child pornography is guilty of a third-degree felony.

Diodoro, who freely admits that he viewed at least 30 images of child pornography, argued that he never possessed them.

(more. . . )

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