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.

Related:  

Copyright © 2026 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

New Kickstarter Rules Ban Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter has posted new “Mature Content” rules banning projects that involve adult content and sextech.

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

AEBN Publishes Popular Searches for March, April

AEBN has published the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Brazzers Launches Model Management Division 'Brazzers Creator'

Brazzers has launched its new full-service model management division, Brazzers Creator, offering content management services across multiple platforms.

FTC Promises 'Vigorous' TAKE IT DOWN Act Enforcement

The Federal Trade Commission is warning platforms that the agency will strongly enforce the notice-and-removal requirements of the TAKE IT DOWN Act, which go into effect next week on May 19.

STD Hero Joins Pineapple Support as Sponsor

Better Life Science brand STD Hero has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

2026 XBIZ Miami Speaker, Open-Floor Conversation Guide Lineup Announced

XBIZ is pleased to announce the release of the full speaker lineup for XBIZ Miami, the latest edition of the adult industry’s premier summer conference, set to take place May 11-14 at the Goodtime Hotel in Miami Beach.

2026 XBIZ Miami Conference Schedule Announced

XBIZ is pleased to announce the release of the full show schedule for XBIZ Miami, set to take place May 11-14 at the Goodtime Hotel in South Beach.

Court of International Trade Rejects Trump 'Replacement' Tariffs

The U.S. Court of International Trade on Thursday ruled that President Trump’s 10% global tariff under the Trade Act of 1974, imposed after the Supreme Court invalidated the administration’s broad “Liberation Day” tariff regime, is illegal — but stopped short of a nationwide injunction against the tariff.

Show More