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 © 2025 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

MojoHost to Launch New Servers for Clients

MojoHost has announced that they will launch new GPU servers for their clients.

Maximilian Peldszus Joins Fanblast

Former BestFans CEO Maximilian Peldszus has joined creator software company Fanblast.

Kiiroo Joins Pineapple Support as Supporter-Level Sponsor

Kiiroo has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

Eurorgazm Joins ASACP as In-Kind Media Sponsor

Eurorgazm Magazine has signed on as the latest In-Kind Media Sponsor for Association of Sites Advocating Child Protection (ASACP).

Sex Work CEO Debuts Upgraded 'GPTease' AI Assistant

Sex Work CEO has introduced the Power Tier upgrade to its AI-powered, NSFW text generator, GPTease.

Abella Danger to Host 2025 XMA Creator Awards

the 2025 XMA Creator Awards, presented by premier creator platform Fansly.

Joi AI Joins Pineapple Support as Partner-Level Sponsor

Joi AI (formerly Eva AI) has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

German Court Upholds Ban on PornHub, YouPorn

Germany’s Berlin Administrative Court has upheld a “network ban” on adult sites Pornhub and YouPorn for failing to comply with that country’s age verification regulations.

OurDream.ai Debuts New Porn Generator

OurDream.ai, an AI porn-generating platform, has launched an upgraded version of its AI engine.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the list of popular searches from its straight and gay theaters by country in February and March.

Show More