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Commonwealth v. Proetto

Police officer's conviction for crimes relating to Internet communications with a 15 year old girl affirmed because the communications were not obtained in violation of Pennsylvania's Wiretap Act as they were not intercepted, defendant's constitutional rights were not violated because he had only a limited expectation of privacy in the communications, and there was substantial evidence to convict him of the crimes with which he was charged.

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� 1 Appellant, Robert Proetto, was convicted of criminal solicitation, obscene and other sexual materials and performances, and corruption of minors. After his sentencing, Appellant filed this appeal. After reviewing the record and briefs, and the applicable statutory and constitutional law, we affirm.

� 2 Appellant, while a police officer, was arrested for criminal solicitation, dissemination of obscene materials and corruption of minors. These charges stemmed from his communications with a 15-year-old girl over the Internet.

� 3 The 15-year-old complainant, “E.E,” was connected to the Internet and while on the Internet was using the screen name “Ellynn.” She was in a public chat room when she began receiving private chat messages from Appellant, who was using the screen name “CR907.” While in this public chat room, E.E. was invited to enter a private chat room and converse “real time” with the person using the name “CR907.” Appellant informed E.E. that he was a police officer working for the Colonial Regional Police Department and e-mailed her a picture of him in police uniform, telling her 907 was his badge number. E.E. informed Appellant that she was 15 years of age. Logs, printed hard copies of their on-line conversations, reflect that Appellant asked E.E. to videotape herself in the nude masturbating with her legs spread. Appellant also expressed interest in performing numerous sexual acts with her. While making these comments, Appellant stated that he had to be careful because E.E. was only 15 years old. Subsequently, Appellant transmitted to E.E. via e-mail a file containing a photograph of his erect penis.

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