Faithless
11-10-2006, 11:17 AM
It may not be a crime in Pennylvania to view kiddy pr0n, but one should probably get their head examined if they like to view it. :frown:
Court: Child porn charges require downloading, not just viewing (http://www.zwire.com/site/news.cfm?newsid=17419863&BRD=2212&PAG=461&dept_id=465812&rfi=6)
The Associated Press | 11/03/2006
An appeals court ruled Thursday that viewing child pornography over the Internet may not be enough to merit criminal charges under Pennsylvania law _ it has to be intentionally downloaded or saved.
In a ruling that provides new clarification about what constitutes "knowing possession" of child pornography, a three-judge Superior Court panel dismissed 30 counts of sexual abuse of children and a count of criminal use of a communication facility against Anthony Diodoro.
"We note that it is well within the power of the Legislature to criminalize the act of viewing child pornography on a Web site without saving the image," wrote Judge Richard B. Klein.
Diodoro acknowledged that he had intentionally visited certain Web sites in order to find child pornography, but there was no evidence that he knew that his computer automatically saved 370 images to its hard drive, Klein wrote.
Federal law makes it a crime to "knowingly receive" child pornography, but even that law does not make it a crime to possess it without saving it from the Internet, Klein wrote.
Appellate courts in Washington, Virginia and Wisconsin have upheld convictions in cases in which the viewer intentionally saved child-pornography images.
Delaware County prosecutor Michelle P. Hutton did not immediate return a telephone message left late Thursday afternoon.
Diodoro's lawyer, Mark Phillip Much, praised Klein's ruling and said he was prepared to defend his client if the decision is appealed.
"I'm pleased that the Superior Court distinguished between mere viewing and possession," Much said.
It's sort of sad. I'm reviewing google news and I see that there are literally dozens of stories of dudes being busted for child porn. What is the friggin' attraction? Even doctors, cops, teachers ...
Being a parent, it makes you look at dudes a little differently, especially those that like to stare at the youngins.
Court: Child porn charges require downloading, not just viewing (http://www.zwire.com/site/news.cfm?newsid=17419863&BRD=2212&PAG=461&dept_id=465812&rfi=6)
The Associated Press | 11/03/2006
An appeals court ruled Thursday that viewing child pornography over the Internet may not be enough to merit criminal charges under Pennsylvania law _ it has to be intentionally downloaded or saved.
In a ruling that provides new clarification about what constitutes "knowing possession" of child pornography, a three-judge Superior Court panel dismissed 30 counts of sexual abuse of children and a count of criminal use of a communication facility against Anthony Diodoro.
"We note that it is well within the power of the Legislature to criminalize the act of viewing child pornography on a Web site without saving the image," wrote Judge Richard B. Klein.
Diodoro acknowledged that he had intentionally visited certain Web sites in order to find child pornography, but there was no evidence that he knew that his computer automatically saved 370 images to its hard drive, Klein wrote.
Federal law makes it a crime to "knowingly receive" child pornography, but even that law does not make it a crime to possess it without saving it from the Internet, Klein wrote.
Appellate courts in Washington, Virginia and Wisconsin have upheld convictions in cases in which the viewer intentionally saved child-pornography images.
Delaware County prosecutor Michelle P. Hutton did not immediate return a telephone message left late Thursday afternoon.
Diodoro's lawyer, Mark Phillip Much, praised Klein's ruling and said he was prepared to defend his client if the decision is appealed.
"I'm pleased that the Superior Court distinguished between mere viewing and possession," Much said.
It's sort of sad. I'm reviewing google news and I see that there are literally dozens of stories of dudes being busted for child porn. What is the friggin' attraction? Even doctors, cops, teachers ...
Being a parent, it makes you look at dudes a little differently, especially those that like to stare at the youngins.