Child Porn Distribution Counts Reinstated in Limewire Case

HACKETTSTOWN, N.J. — Child porn is child porn and whether a defendant intended or not to share them through a peer-to-peer system is irrelevant, a New Jersey appeals court ruled Monday.

Two child porn charges have been reinstated against Richard Lyons of Budd Lake, N.J., who said he forgot to change his LimeWire settings and didn’t intentionally distribute the files.

Lyons was accused of offering child porn between May 30, 2007, and Sept. 25, 2007, after a police officer downloaded a video that was tracked to his home computer.

Armed with a search warrant, police executed a search warrant at Lyons’ home and seized computers containing about 25 videos of children engaged in sexual activity, according to the appeals court.

The New Jersey appeals court reversed a decision by a lower-court judge, who had dismissed the more serious charges of offering and distributing child pornography against Lyons, who also faces a third charge of possessing child porn.

The lower-court judge ruled that the charges were “defective” because the state presented no evidence to the grand jury proving that Lyons “intended to transfer or distribute the images contained in his shared folder,” according to the appeals court.

Lyons' attorney had argued that his client's passive holding of the files in a computer folder and his ''act of omission," or failure to set a default switch that would bar other web users from accessing the porn, did not amount to distributing or offering child pornography.

He also said that there was no evidence that Lyons intended to transfer or distribute the images contained in his shared folder.

But the appeals court ruled that the charges should stand because Lyons had “complete awareness” that his LimeWire software program’s materials were available to all other users of the network.

“He acted with awareness of the practical certainty that his conduct would result in another user viewing and downloading the materials,” the court said.

Joan Irvine, CEO of the ASACP, told XBIZ that the points of law are fair for child porn defendants.

"I don’t care whether it’s possession or distribution — anyone knowingly involved in with CP should be prosecuted to the full extent of the law," she said.

Lyons is due back in Morristown Superior Court in New Jersey on Dec. 15.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp signed into law on Tuesday a bill that includes Georgia’s version of the age verification of adult content provisions being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

HardWerk Relaunches Through YourPaysitePartner

HardWerk.com has relaunched through YourPaysitePartner (YPP).

Aylo Asks Judge to Trim Sweeping GDP-Related Lawsuit

Aylo asked a California federal judge during a hearing on Monday to drop trafficking claims from a sweeping lawsuit brought by a former GirlsDoPorn model.

California Republicans, Democrats Team Up to Advance Age Verification for Porn

Both Republicans and Democrats in the California Assembly’s Privacy and Consumer Protection Committee voted last week to move forward a version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Cosplayground Releases 'Furiosa XXX: A Porn Parody'

Cosplayground has released its seventh original production, “Furiosa XXX: A Porn Parody.”

Washington Post Spotlights ECP VP Solomon Friedman's Appearance at XBIZ LA

The Washington Post published this weekend a lengthy feature about Pornhub and Aylo, focusing on Ethical Capital Partners’ VP of Compliance Solomon Friedman’s keynote address and other appearances at XBIZ Los Angeles in January.

'Sex Workers Deserve Protections': Congressional Candidate Joe Cohn Reaches Out to Adult Community

Veteran civil rights attorney Joe Cohn, who is currently running in a New Jersey Democratic primary for a seat in the U.S. House of Representatives, says he is reaching out to the adult community to champion an inclusive approach to civil liberties that encompasses all sex workers and adult businesses.

Mile High Unveils New Unscripted Studio 'Sex on Sight'

Mile High Media has launched a new unscripted-content studio, Sex on Sight.

Belgian Producer Dennis Black Magic Sentenced to 7 Years for Rape, CSAM

Belgian adult producer and director Dennis Black Magic has been sentenced to seven years in prison and a $4,000 fine for the rape of eight models and distribution of CSAM.

Show More