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

Segpay Opens New Global Headquarters in Boca Raton

Segpay has selected Boca Raton for its new global headquarters.

X3 Euro All-Stars Paint Amsterdam Red in Billboard Campaign

The X3 Expo Euro All-Stars are making a splash on the vibrant streets of Amsterdam as the creator-first fan event prepares to make its debut on the continent.

Tiny Secret Games Taps Pauline Schmiechen for Growth and Partnerships Advisor

Adult game studio Tiny Secret Games has named Pauline Schmiechen as its new growth and partnerships advisor.

BranditScan Names Aerie Saunders as Community Manager

BranditScan has named Aerie Saunders as its new community manager.

'Goddess' Charlotte Sins Blesses the September Issue of X3 Magazine

Charlotte Sins graces the cover of the September issue of X3 magazine, the premier publication capturing the real personalities, passions, and stories behind top stars.

Centrobill Names Len Garcia as Chief Sales Officer

Centrobill has named Len Garcia as its new chief sales officer.

Mistrezz.AI Joins ASACP as Corporate Sponsor

The UK-based adult AI companion platform Mistrezz.AI has signed on as the latest corporate sponsor for Association of Sites Advocating Child Protection (ASACP).

Woodhull Freedom Foundation Debunks Pornography Myths in Latest Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting the latest edition of its virtual series “Fact Checked by Woodhull,” addressing myths about pornography.

Utah VPN Enforcement Pause Extended in Aylo Lawsuit

Provisions of a Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force in May, have again been put on hold temporarily.

Anti-Censorship Bill Could Shield US Sites From Foreign AV Laws

A Republican congressman has introduced legislation to bar U.S. courts from helping to enforce any foreign law restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

Show More