J-S10013-16

_____________________________

*Retired Senior Judge assigned to the Superior Court.

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA IN THE SUPERIOR COURT OF

PENNSYLVANIA

Appellee

v.

JAMES P. MCNULTY

Appellant No. 1767 EDA 2015

Appeal from the Judgment of Sentence May 28, 2015

In the Court of Common Pleas of Philadelphia County

Criminal Division at No(s): CP-51-CR-0003422-2014

BEFORE: GANTMAN, P.J., BENDER, P.J.E., and PLATT, J.*

MEMORANDUM BY GANTMAN, P.J.: FILED MARCH 04, 2016

Appellant, James P. McNulty, appeals from the judgment of sentence 

entered in the Philadelphia County Court of Common Pleas, following his 

convictions of two counts of dissemination of child pornography, one count 

of criminal use of communication facility, and fifty counts of possession of 

child pornography.1 We affirm. 

In its opinion, the trial court fully and correctly sets forth the relevant 

facts and procedural history of this case. Therefore, we have no reason to 

restate them. 

Appellant raises the following issue for our review: 

____________________________________________

1 18 Pa.C.S.A. §§ 6312(c), 7512(a), and 6312(d), respectively. 
J-S10013-16

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WHETHER THE EVIDENCE WAS INSUFFICIENT AS A 

MATTER OF LAW TO PROVE THAT APPELLANT COMMITTED 

DISSEMINATION OF PHOTOS OF CHILD SEX ACTS, ONE 

COUNT OF CRIMINAL USE OF COMMUNICATION FACILITY, 

AND FIFTY COUNTS OF POSSESSION OF CHILD 

PORNOGRAPHY[,] THE [LOCATION] WHERE APPELLANT 

KNOWINGLY DISSEMINATED AND POSSESSED COMPUTER 

DEPICTIONS OF CHILDREN UNDER THE AGE OF 18 OR 

THAT HE USED OR CONTROLLED A COMPUTER OR THE 

IMAGES OF CHILD PORNOGRAPHY[?]

(Appellant’s Brief at 5).2 

A challenge to the sufficiency of the evidence implicates the following 

legal principles: 

The standard we apply in reviewing the sufficiency of the 

evidence is whether viewing all the evidence admitted at 

trial in the light most favorable to the verdict winner, there 

is sufficient evidence to enable the fact-finder to find every 

element of the crime beyond a reasonable doubt. In 

applying [the above] test, we may not weigh the evidence 

and substitute our judgment for the fact-finder. In 

addition, we note that the facts and circumstances 

established by the Commonwealth need not preclude every 

possibility of innocence. Any doubts regarding a 

defendant’s guilt may be resolved by the fact-finder unless 

the evidence is so weak and inconclusive that as a matter 

of law no probability of fact may be drawn from the 

____________________________________________

2 To the extent Appellant challenges the sufficiency of the evidence for his 

criminal use of communication facility conviction, Appellant failed to raise 

this issue in his Rule 1925(b) statement. Appellant’s failure to raise this 

issue before the trial court explains why the court’s opinion addressed the 

sufficiency of the evidence only for Appellant’s dissemination of child 

pornography and possession of child pornography convictions. Additionally, 

Appellant’s failure to raise this issue in his Rule 1925(b) statement 

constitutes waiver of the issue on appeal. See Commonwealth v. 

Poncala, 915 A.2d 97, 100 (Pa.Super. 2006), appeal denied, 594 Pa. 678, 

932 A.2d 1287 (2007) (explaining failure to raise issue in court-ordered Rule 

1925(b) statement results in waiver of issue on appeal). 
J-S10013-16

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combined circumstances. The Commonwealth may sustain 

its burden of proving every element of the crime beyond a 

reasonable doubt by means of wholly circumstantial 

evidence. Moreover, in applying the above test, the entire 

record must be evaluated and all evidence actually 

received must be considered. Finally, the [finder] of fact 

while passing upon the credibility of witnesses and the 

weight of the evidence produced, is free to believe all, part 

or none of the evidence. 

Commonwealth v. Jones, 874 A.2d 108, 120-21 (Pa.Super. 2005) 

(quoting Commonwealth v. Bullick, 830 A.2d 998, 1000 (Pa.Super. 

2003)). 

After a thorough review of the record, the briefs of the parties, the 

applicable law, and the well-reasoned opinion of the Honorable Barbara A. 

McDermott, we conclude Appellant’s issue on appeal merits no relief. The 

trial court opinion comprehensively discusses and properly disposes of the 

question presented. (See Trial Court Opinion, filed August 7, 2015, at 7-12) 

(finding: facts established Appellant’s control over entire residence at 743 

Watkins Street where agents discovered child pornography; specifically, 

Appellant confirmed he and his brother were only occupants of that address, 

search of Pennsylvania Justice Network verified that Appellant and his 

brother resided at that address, and agents recovered personal documents 

in Appellant’s name from computer desk at that address; facts also 

established Appellant knowingly possessed and controlled child pornography 

found on computers at 743 Watkins Street; search of computers seized from 

dining room at that address revealed 4 personal documents in Appellant’s 
J-S10013-16

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name, 508 child pornography images, 3 child pornography videos, and 100 

link files indicative of child pornography; search of computers seized from 

Appellant’s bedroom at that address revealed video of Appellant titled 

“MeInCoat,” photo of Appellant titled “FacePic,” 844 child pornography 

images, and 2 videos indicative of child pornography; importantly, 956 of 

1466 child pornography files found on computers seized from that address 

were stored under usernames marked “JAMES” and no child pornography 

files were discovered under usernames “JUSTIN”; of 510 child pornography 

files stored under generic usernames, agents discovered items on those 

computers that identified Appellant as user; additionally, evidence 

established Appellant had intent to exercise control over child pornography 

files; specifically, Appellant made several comments in presence of agents 

which implied his use of computers and his knowledge that computers 

contained illegal content; under totality of circumstances, sufficient evidence 

existed to establish that Appellant knowingly possessed child pornography 

discovered on computers confiscated from 743 Watkins Street; sufficient 

evidence also existed to prove Appellant possessed child pornography for 

purpose of dissemination; on September 15 and 18, 2013, Special Agent 

Tabak downloaded two child pornography videos from individual using filesharing program to offer child pornography for download on BitTorrent 

network; Special Agent Tabak determined that individual who shared child 

pornography had used IP address associated with Appellant’s residence; 
J-S10013-16

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examination of computer confiscated from Appellant’s bedroom indicated it 

was computer used to download two child pornography videos copied by 

Special Agent Tabak; further examination of computer revealed that user 

had searched for, downloaded, and viewed those two child pornography 

videos on September 14, 2013; significantly, Appellant admitted he had 

used file-sharing program on computers located at 743 Watkins Street; thus, 

sufficient evidence also existed to support Appellant’s dissemination of child 

pornography conviction). Accordingly, we affirm on the basis of the trial 

court’s opinion. 

Judgment of sentence affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 3/4/2016
same day, this Court sentenced defendant to concurrent terms of imprisonment of two to four 

after a hearing, this Court determined the defendant was not a sexually violent predator. That 

same date, this Court found defendant guilty of all charges and revoked bail. On May 28, 2015, 

On March 26, 2015, the case was transferred to this Court for trial. After a bench trial the 

the same date, Judge Butchart granted the defendant's Motion. 

reports. On August 14, 2014, the defendant filed a Motion to Withdraw his guilty plea, and on 

deferred sentencing until August 14, 2014, for the completion of pre-sentence and mental health 

of Possession of Child Pornography, before the Honorable Ann Butchart. Judge Butchart 

of Child Sex Acts, one count of Criminal Use of Communication Facility, and twenty-five counts 

the defendant entered into a non-negotiated guilty plea to two counts of Dissemination of Photos 

Communication Facility, and fifty counts of Possession of Child Pornography. On June 17, 2014, 

counts of Dissemination of Photos of Child Sex Acts, one count of Criminal Use of 

On January 7, 2014, the defendant, James McNulty, was arrested and charged with two 

Procedural History 

McDermott, J. August 7, 2015 

OPINION 

v. 

CP-51-CR-0003422-2014 Comm. v. McNulty, James P 

Opinion 

111111111111111 Ill I II I Ill 

JAMES MCNULTY 7329486551 

COMMONWEALTH OF PENNSYLVANIA CP-51-CR-0003422-2014 

IN THE COURT OF COMMON PLEAS 

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA 

CRIMINAL TRIAL DIVISION 

Circulated 02/22/2016 11:02 AM
2 

I BitTorrent is a file sharing Network that allows users to download and share files with others via the internet. N.T. 

3/26/2015 at 39. 

information pursuant to the order indicating that Wang Chang of743 Watkins Street in 

September 15 and September 18. On October 28, 2013, Special Agent Tabak received 

release the subscriber information associated with IP address 68.82.141.16 for the dates of 

On October 24, 2013, Special Agent Tabak obtained a court order directing Comcast to 

of eighteen years old, engaging in sexual acts. N.T. 3/26/2015 at 45-47. 

Special Agent Tabak successfully downloaded two video files depicting children, under the age 

the BitTorrent Network and was making child pornography publicly available for download. 

connection to a computer utilizing the IP address 68.82.141.16. This IP address was operating on 

September 15, 2013, and again on September 18, 2013, Special Agent Tabak made a direct 

possessing and sharing child pornography using the BitTorrent file-sharing network.' On 

General's Office's Child Predator Section conducted an investigation to identify individuals 

On September 15, 2013, Special Agent Duane Tabak of the Pennsylvania Attorney 

Appeal pursuant to Pa.R.A.P. 1925(b). On June 25, 2015, the defendant filed a timely Statement. 

16, 2015, this Court ordered the defendant to file a Statement of Matters Complained of on 

On June 12, 2015, the defendant filed a Notice of Appeal to the Superior Court. On June 

Pornography .. 

probation. No further penalty was imposed on the forty remaining charges of Possession of Child 

other, for a total sentence of four to eight years of imprisonment followed by ten years of 

probation for ten counts of Possession of Child Pornography, each to run consecutive to the 

imprisonment of two to four years for Criminal Use of Communication Facility, and one year of 

years for both counts of Dissemination of Photo of Child Sex Acts, a consecutive term of 
3 

2 Agent Smith later confirmed the defendant and Justin McNulty's addresses through Pa. Justice Network. N.T. 

3/26/2015 at 87. 

3 The computers were found in the first-floor main room which combined both the living room and dining room. 

N.T. 3/26/2015 at 93-94. 

device. When Agent Smith informed the defendant that the search was related to child 

agents recovered one Apple computer, one Apple Mac computer tower and one external storage 

was addressed to Wang Chang. From what Agent Smith believed to be the defendant's bedroom, 

to be Justin McNulty's room, agents recovered a Comcast bill dated September 12, 2013, that 

pertaining to Justin McNulty in the vicinity of the computers. From what Agent Smith believed 

defendant on the computer desk in the first-floor dining room. 3 There was no documentation 

enforcement also seized a photo ID, a vehicle title, and other paperwork belonging to the 

residence including multiple computers, loose hard drives, and other media storage devices. Law 

Law enforcement recovered seventy-five computer related items from the McNulty 

107-08. 

my ass is getting locked up;" and "They are ta1cing my IBM. Fuck." N.T. 3/26/2015 at 85-86, 

am I going to show my face around my kids now;" "I didn't get to say good-bye to my kids and 

they're going to find something illegal;" "This is horrible shit. They got all my hard drives. How 

downloaded some extreme stuff, but I always thought they were adults;" "No matter what, 

Block testified to overhearing the defendant tell his brother the following statements: "I've 

Justin McNulty, lived at 743 Watkins Street.2 During the search of the residence, Agent Daniel 

Watkins Street. Agent Smith spoke with the defendant who confirmed that he and his brother, 

the Attorney General's Office's Child Predator Section, executed the search warrant on 743 

On December 16, 2013, Agent Kurt Smith, the Philadelphia Regional Supervisor from 

prepared a search warrant for 743 Watkins Street. N.T. 3/26/2015 at 52-53, 56, 58-59. 

Philadelphia was the subscriber to that IP address. On December 16, 2013, Special Agent Tabak 
4 

4 Vuze is a file-sharing program accessible on the BitTorrent network that allows users to share electronic files. N.T. 

3/26/2015 at 38. 

files that were indicative of child pornography stored under the user profile "JAMES." Agent 

one marked "JAMES" and the other marked "JUSTIN." Agent Cook retrieved twenty-four link 

the dining room. There were two non-default user profiles associated with this laptop computer, 

Agent Cook examined a Compaq Presario C500 laptop computer, also confiscated from 

marked "GateVistaJames" and "VaioPrintJames." N.T. 3/26/2015 at 165-67. 

Chairman and sole director. There was no relevant information discovered under the user profiles 

document; and articles of amendment for "Holoco Incorporated," listing the defendant as 

14, 2013; a letter addressed to Mr. Kurt Hughes from the defendant; an amendment name change 

rejection letter from the Patent and Trademark Office addressed to the defendant and dated May 

profile, Agent Cook discovered four business documents belonging to the defendant including: a 

508 child pornography images under the user profile marked "FirstLast." Also under this user 

From an Apple Mac Minicomputer, seized from the dining room, Agent Cook recovered 

folder marked "Vuze."4 N.T. 3/26/2015 at 124, 134-35, 137. 

indicative of child pornography, that were downloaded on January 31, 2011, and stored under the 

user profile, Agent Cook discovered three child pornography videos and eighty-six Torrent files, 

the dining room of the McNulty residence revealed a user profile marked "JAMES." Under this 

contained child pornography. An examination of an eMachines computer tower confiscated from 

examined the items seized from the defendant's residence. According to Agent Cook, nine items 

On November 24, 2014, Agent Braden Cook of the Attorney General's Forensic Unit 

3/26/2015 at 61, 92, 96-97, 101. 

pornography, the defendant responded, "people get twenty years for downloading." N.T. 
5 

Cook did not discover any child pornography stored under the user profile "JUSTIN." N.T. 

3/26/2015 at 168-69. 

An examination of an Apple Power Mac G5 computer tower that agents seized from the 

defendant's bedroom revealed a user profile marked "JAMES." Under this user profile, Agent 

Cook discovered a Vuze file-sharing program and 843 child pornographic pictures that were 

downloaded on August 3, 2009. N.T. 3/26/2015 at 140-41. 

Agent Cook examined an Apple iMac computer, also recovered from the defendant's 

bedroom, which revealed one child pornographic picture downloaded on January 12, 2012, and 

stored under a non-default user profile marked "USER." Elsewhere on this computer, Agent 

Cook discovered the two videos that Special Agent Tabak successfully downloaded on 

September 15, 2013 and September 18, 2013. Special Agent Tabak determined that both videos 

were searched and downloaded on September 14, 2013, and further determined that both videos 

were viewed on this computer. In an attempt to identify the user of this profile, Agent Cook 

examined other files located on this computer and found a video of the defendant with the file 

name "MelnCoat" and a picture of the defendant with the file name "FacePic." N.T. 3/26/2015 at 

152, 154, 161-164. 

On December 16, 2013, law enforcement issued an arrest warrant for the defendant. On 

January 7, 2014, the defendant surrendered. N.T. 3/26/2015 at 98-99. 

Justin McNulty, the defendant's brother, testified on the defendant's behalf that Justin 

McNulty operated a computer repair business in his home. Justin McNulty recalled working on 

four customers' computers on December 16, 2013, and indicated that most of the computers 

confiscated from the first floor belonged to his customers. According to Justin McNulty, his 

employee, James Smith, who had been installing operating systems on the customers' computers 
6 

since 2002, was responsible for putting "JAMES" as the primary default account on these 

computers. Justin McNulty testified that the defendant carried his own laptop around with him 

and had used a separate Wi-Fi system from Clear Channel since 2005. Justin McNulty and his 

neighbor Wang Chang agreed to put the cable Wi-Fi service from Comcast in Wang Chang's 

name, creating an open network for both parties to use. N.T. 3/26/2015 at 182, 185-87, 198, 202. 

Justin McNulty also presented alibi evidence that he picked up the defendant on Tuesday, 

September 10, 2013, from his probation meeting and transported him to Kelly Baran's residence 

in New Jersey. He believed the defendant remained in New Jersey until Friday, September 13, 

2013, at which time he picked up the defendant and drove him to his residence at 743 Watkins 

Street in Philadelphia, where the defendant remained for the weekend. Justin McNulty then 

drove the defendant back to New Jersey on Sunday, September 15, 2013, where the defendant 

remained until September 20, 2013. N.T. 3/26/2015 at 205-06. 

Kelly Baran, the mother of the defendant's children, testified on behalf of the defense. 

Baran testified that in September of 2013, the defendant would stay with her at her home located 

in National Park, New Jersey and with his brother in Philadelphia. Baran stated that the 

defendant was in New Jersey the week before his daughter's birthday on September 20, 2013, 

and departed the night of September 20, 2013. N.T. 3/26/2015 at254-55, 257, 259. 

The defendant testified to being in New Jersey on the 15 and 18 of September, 2013. The 

defendant admitted to using the computers agents confiscated from 7 4 3 Watkins Street, but 

specified that he worked primarily on a computer that he kept in his possession. The defendant 

denied downloading any child pornography on any computers and stated that he never set up the 

user profile "JAMES." N.T. 3/26/2015 at 224-25, 229-30, 237, 240. 
7 

it can prove that a defendant knowingly possessed the child pornography. Id. at 1107. 

establish that an individual controlled the child pornography to prove a violation of the statute if 

Commonwealth. v. Diodoro, 970 A.2d 1100, 1107 (Pa. 2009). The Commonwealth need not 

Any person intentionally views or knowingly possesses or controls 

any book, magazine, pamphlet, slide, photograph, film, videotape, 

computer depiction or other material depicting a child under the 

age of 18 years engaging in a prohibited sexual act or in the 

simulation of such act. 

Children if: 

pornography. 18 Pa.C.S. § 6312(d) establishes that a person is guilty of Sexual Abuse of 

The defendant claims that the evidence is insufficient to prove he controlled child 

purview of the fact-finder. Commonwealth v. Treiber, 874 A.2d 26, 30 (Pa. 2005). 

believe all, part, or none of the evidence, and credibility determination rest solely within the 

Commonwealth v. Brooks, 7 A.3d 852, 856-57 (Pa. Super. 2010)). The fact-finder is free to 

circumstantial evidence: Commonwealth v. Estepp, 17 A.3d 939, 943 (Pa. Super. 2011) (citing 

its burden of proving every element of the crime beyond a reasonable doubt by means of wholly 

Commonwealth v. Baumhammers, 960 A.2d 59, 68 (Pa. 2008). The Commonwealth may sustain 

therefrom are sufficient to establish all elements of the offense beyond a reasonable doubt. 

Commonwealth as the verdict winner, the evidence and all reasonable inferences derived 

Evidence presented at trial is sufficient when, viewed in the light most favorable to the 

defendant knowingly controlled child pornography. 

possessed computer depictions of children engaging in a prohibited sexual act or that the 

because the Commonwealth failed to establish the defendant knowingly disseminated or 

The defendant claims that the evidence was insufficient to support his convictions 
8 

Possession can be proven by showing actual possession or by showing constructive 

possession. Commonwealth v. Thompson, 93 A.3d 478, 490 (Pa. Super. 2014). Courts have 

defined constructive possession as "the ability to exercise a conscious dominion over the 

material; the power of control and the intent to exercise that control." Commonwealth v. Hanson, 

82 A.3d 1023, 1035 (Pa. 2013). 

Constructive possession can be proven by circumstantial evidence and the requisite 

knowledge and intent may be inferred from examination of the totality of the circumstances. 

Commonwealth v. Parker, 847 A.2d 745, 750 (Pa. Super. 2004). For example, in Commonwealth 

v. Davidson, the Superior court held that the evidence was sufficient to establish that defendant 

knowingly possessed images of child pornography that were found on his computer. The 

Commonwealth presented evidence that the defendant was the owner and administrator of the 

computer and each of the twenty-eight pornographic photographs appeared in more than one 

place on the defendant's computer. Commonwealth v. Davidson, 860 A.2d 575, 581 (Pa. Super. 

2004) aff'd, 938 A.2d 198 (Pa. 2007). 

Similarly, in Commonwealth v. Koehler, the Superior Court held that the evidence was 

sufficient to support the defendant's convictions of Sexual Abuse of Children and Possession of 

Child Pornography. There, the evidence consisted of a screen name and a systems properties 

name all referring in some respects to the defendant's proper name. The evidence also 

demonstrated that the defendant had ownership, use, and the ability to access the computer and 

the child pornography. Based on the totality of the circumstances, the court reasonably inferred 

that the defendant was the person who possessed the child pornography. Commonwealth v. 

Koehler, 914 A.2d 427, 437 (Pa. Super. 2006). 
9 

Other factors utilized by courts to determine whether a defendant possessed child 

pornography include: the defendant's ability to retain, download, save or print the image, the 

defendant's assertive steps that led to the downloading of child pornography images, and the 

defendant's knowledge of the existence of the images of child pornography. Diodoro, 970 A.2d 

at 1107 (holding that the evidence was sufficient to find the defendant guilty of Possession of 

Child Pornography where the defendant had 340 images of child pornography images stored on 

his hard drive.) 

In the instant case, the evidence establishes that the defendant knowingly possessed the 

child pornography discovered on the computers confiscated from 743 Watkins Street. The 

defendant resided at 743 Watkins Street and confirmed that he and his brother were the only 

occupants of the residence. N.T. 3/26/2015 at 87. Agent Smith conducted a search on the 

Pennsylvania Justice Network ("JNET") which verified that Justin and James McNulty were the 

residents of 743 Watkins Street. Id. In addition, agents recovered mailing and personal 

documents addressed to the defendant from the computer desk located in the dining room 

identifying his address as 743 Watkins Street. Id. at 95-96. Such facts are sufficient to prove the 

defendant had control over the entire premises, including the areas where the computers 

containing child pornography were located. 

The pornographic files Agent Cook discovered on the seized computers provided further 

support that the defendant had control and access to the child pornography. From the eMachines 

computer tower, the Apple Mac Minicomputer and the Compaq Presario laptop computer, all 

seized from the dining room, Agent Cook collectively retrieved four personal documents 

belonging to the defendant, 508 child pornography images, three child pornographic videos, and 

100 link files indicative of child pornography. N.T. 3/26/2015 at 134, 137-38, 166, 168. From the 
10 

Apple Power Mac GS computer tower and Apple iMac computer, both confiscated from the 

defendant's bedroom, Agent Cook collectively discovered a video of the defendant named 

"MelnCoat," a photograph of the defendant named "FacePic," 844 pornographic images, and 

two video files indicative of child pornography. Id. at 140, 152, 163. 

956 out of the 1,466 child pornography files found by Agent Cook were stored under 

folders or user names marked "JAMES." No pornographic material was found under the user 

profile marked "JUSTIN" N.T. 3/26/2015 at 169. For the 510 child pornography files stored 

under generic user profiles, Agent Cook discovered items that identified the defendant as the 

user of these computers. On the Apple iMac computer seized from the defendant's bedroom, 

Agent Cook discovered a video of the defendant with the file name "MelnCoat," and a picture of 

the defendant with the file name "FacePic." Id. at 163. On the Apple Mac minicomputer 

confiscated from the dining room, Agent Cook discovered four business documents belonging to 

the defendant. This evidence provides indicia of the defendant's control and ownership of the 

child pornography. Id. at 166. 

Additionally, the evidence established that the defendant had the intent to exercise 

control over the child pornography. Intent to exercise control over material may be established 

by knowledge of its presence. Commonwealth v. Bricker, 882 A.2d 1008, 1016 (Pa. Super. 

2005). According to both Agent Smith and Agent Block, the defendant admitted: (1) "They got 

all my hard drives ... "; (2) "I've downloaded some extreme stuff, but I always thought they 

were adults"; and (3) "People get twenty years for downloading." N.T. 3/26/2015 at 89, 107-08. 

The defendant's comments provide evidence that the computer hard drives belonged to him and 

that he knew the computers contained illegal content. In reviewing the totality of the 
11 

circumstance, the evidence establishes that the defendant knowingly possessed material 

depicting children engaging in prohibited sexual acts. 

Next, the defendant claims that evidence was insufficient to show that he possessed child 

pornography for the purpose of dissemination. To be convicted under 18 Pa.C.S. § 6312(c), the 

Commonwealth must prove beyond a reasonable doubt, that: (1) there was a depiction of an 

actual child engaged in a prohibited sexual act or simulation of such act; (2) the child must be 

under the age of 18; and (3) defendant knowingly sold, distributed delivered, disseminated, 

transferred, displayed or exhibited the depiction to others, or possessed the depiction for the 

purpose of sale, distribution, delivery, dissemination, transfer, display or exhibition to others. 

Commonwealth. v. McCue, 487 A.2d 880, 883 (Pa. Super. 1985). The meaning of "disseminate" 

includes the act of spreading, sending, fostering general knowledge of, broadcasting, or 

publicizing. Commonwealth v. Hacker, 959 A.2d 380, 389 (Pa. Super. 2008) rev'd on other 

grounds, 15 A.3d 333 (Pa. 2011). 

As discussed supra, the evidence sufficiently established the defendant knowingly 

possessed the pornographic files. The evidence also establishes that the defendant knowingly 

disseminated depictions of child pornography. On the 15 and 18 of September, 2013, Special 

Agent Tabak downloaded two child pornography files from an individual using a Vuze filesharing program to offer child pornography on the BitTorrent Network. N.T. 3/26/2015 at 45-47. 

Special Agent Tabak determined that the individual offering the pornography utilized an IP 

address associated with the defendant's residence. Id at 159. 

An examination of an Apple iMac computer confiscated from the defendant's bedroom 

indicated that this computer was used to download the two video files Special Agent Tabak 

copied on the 15 and 18 of September, 2013. According to Agent Cook, these video files were 
12 

Barbara A. McDermott, J. 

searched for, downloaded, and viewed on this Apple iMac computer on September 14, 2013, 

using a Vuze file-sharing program. Id. at 159, 160, 162. 

The defendant admitted to using the computers located at 743 Watkins Street, and further 

admitted to using a Vuze file-sharing program. N.T. 3/26/2015 at 232. This Court concluded that 

the defendant, who had two personal files stored on the same Apple iMac computer that also 

contained the two child pornography videos Special Agent Tabak downloaded on September 15 

and 18, 2013, was the user of the computer and the individual who offered the file for public 

download on the BitTorrent Network. Therefore, the evidence is sufficient to establish the 

defendant disseminated child pornography using a Vuze file-sharing program. 

For the foregoing reasons, defendant's judgment of sentence should be affirmed. 

BY THE COURT, 
Law Clerk to the 

Honorable Barbara A. McDermott 

Amifj)--- 

Dated: August 7, 2015 

Type of Service: Certified Mail 

John McMahon, Esquire 

13 9 N. Croskey Street 

Philadelphia, PA 19103 

Type of Service: Hand Delivery 

Philadelphia District Attorney's Office 

Three South Penn Square 

Philadelphia, PA 19107 

Attn: Hugh Burns, Esquire 

I hereby certify that I am this day serving the foregoing filing upon the person(s), and in the 

manner indicated below, which service satisfies the requirements of Pa. R. Crim. P. 114: 

PROOF OF SERVICE 

Commonwealth v. James McNulty, CP-Sl-CR-0003422-2014