STATE V. RICHARD LYONS A-4893-09T2 11-30-10
We reversed an order dismissing two counts of an indictment charging defendant with offering and distributing child pornography, N.J.S.A. 2C:24-4b(5)(a), which was accomplished by defendant's placement of the images in his shared folder on a peer-to-peer file sharing network, which defendant knew made the images available over the Internet to all other users of the network. We rejected the argument that defendant's "passive" conduct was only an omission to prevent others from accessing his computer files, which is not criminalized by N.J.S.A. 2C:24-4b(5)(a).
