Internet file sharing is just that — sharing files with other users — and it can amount to illegal offering and distributing when the files are child pornography, a state appeals court ruled Tuesday.

Though the defendant didn’t affirmatively offer the materials or seek out people to take them, a fact finder could see the act of placing the files in a shared folder online, where others might access them, as “offering” or “providing” under New Jersey’s child endangerment statute, the Appellate Division ruled in State v. Lyons , A-4893-09.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]