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Man responsible for change in PA child pornography laws back in jail Print E-mail
Monday, 09 August 2010 00:00

In Diodoros's first case, the PA Superior Court was convinced that the child pornography found on his computer was not downloaded intentionally. The decision was reversed and upheld by the state Supreme Court, reinstating his conviction. The court ruled that viewing is the same as possessing, even if it's not downloaded.  Prosecutors say he is now "caught in his own web."

The Philadelphia Inquirer reported that the court established a major precedent by ruling that in addtion to physical possession of child pornography, defendents can be convicted for viewing child pornography. Diodoro's attorney had appealed on the grounds that Diodoro viewed child pornography, but was not aware that his computer had automatically downloaded the images.

He is now charged with 25 counts of possession of child pornography, plus more. If convicted he faces a mandatory minimum of 25 years in prison.

On a surprise visit by a probation officer, just months after his release in December, they found Diodoro in a basement bedroom with a laptop, camera and cell phone, all probation violations for the prior child pornography conviction.  Officers found 72 videos, many of pre-pubescent children, including multiple images of a female child under three years old. The probation officer said that they had no idea he had a computer until they made the home visit.

The county released Diodoro to his parents home, across the street from a closed elementary school.  County officials say they didn't know there was a child care facility using the school building.  Because Diodoro was not classified as a violent sexual predator, the neighborhood was not notified of his sex offender status.

ABC Channel 6 article and video click here.

Philadelphia Inquirer article click here.

 
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