Defendant Anthony Diodoro admitted to viewing 370 images of child pronagraphy on his PC. Judge Richard Klein had said "The images were on websites which he intentionally visited for that purpose." Klein ruled that the law related to possession and not viewing, and that there was no evidence that Diodoro sought to retain the images. Pennsylvania state law makes a crime of "knowing possession" of such images.
"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," Klein said in his opinion. "The language used, however, is simply 'possession.' Because this is a penal statute with an ambiguous term when it comes to computer technology, it must be construed strictly and in favor of the defendant."
The Court has now withdrawn Klein's statement and granted the prosecution the right to an en banc hearing, which is a hearing of the full court. "The Opinion by Judge Klein has been withdrawn," said the court's website. "The Petition for Reargument was granted on January 19, 2006."
Judge Richard Klein Source