COM. v. DIODORO

No. 117 MAP 2007

970 A.2d 1100 (2009)

COMMONWEALTH of Pennsylvania, Appellee v. Anthony DIODORO, Appellant.

Supreme Court of Pennsylvania.

Decided May 26, 2009.


Attorney(s) appearing for the Case

Mark Phillip Much, Esq., Law Offices of Mark P. Much, P.C., Media, for Anthony Diodoro.

Michelle P. Hutton, Esq., George Michael Green, Esq., for Commonwealth of Pennsylvania.

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD and McCAFFERY, JJ.


OPINION

Chief Justice CASTILLE.

In the instant appeal, the limited question presented for this Court's review is whether accessing and viewing child pornography over the internet constitutes "control" of such pornography under 18 Pa.C.S. § 6312(d). For the reasons that follow, we hold that it does, and accordingly, we affirm the order of the Superior Court.

On or about November 20, 2003, the Ridley Township Police Department obtained...

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