Paterson man faces charges for distribution and possession of child pornography

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Vikas Khanna, U.S. Attorney | U.S. Attorney's Office for the District of New Jersey

Paterson man faces charges for distribution and possession of child pornography

A Paterson resident, Dwayne Smalls, 25, has been charged with distribution and possession of child pornography. The charges were announced by U.S. Attorney Alina Habba. Smalls appeared before U.S. Magistrate Judge Jessica S. Allen in Newark federal court.

Court documents and statements reveal that Smalls used messaging platforms to advertise images and videos of child pornography, including material involving prepubescent minors. He allegedly offered these images and videos for a fee. A search conducted by law enforcement on his cell phone and residence found that between August 2023 and October 2023, Smalls distributed child sexual-abuse material (CSAM) multiple times. Additionally, approximately eleven unique video files containing CSAM were discovered on his cell phone.

The charge of distributing child pornography carries a mandatory minimum sentence of five years in prison, with a maximum penalty of 20 years and a $250,000 fine. Possession of child pornography carries a maximum penalty of ten years in prison and a $250,000 fine.

U.S. Attorney Habba credited the FBI’s Child Exploitation Operational Unit for their investigation leading to the charges. She also acknowledged the assistance provided by the FBI Newark’s Child Exploitation and Human Trafficking Task Force under Acting Special Agent in Charge Terence G. Reilly.

This case is part of Project Safe Childhood, an initiative launched in May 2006 by the Department of Justice to combat child sexual exploitation and abuse nationwide. This project involves collaboration among federal, state, and local resources to locate, apprehend, prosecute individuals exploiting children as well as identify and rescue victims.

Assistant U.S. Attorney Joseph Stern from the Opioid Abuse Prevention and Enforcement Unit in Newark represents the government in this case.

The complaint's charges are accusations at this stage; Smalls is presumed innocent until proven guilty.

Defense counsel for Smalls is Tatiana Nnaji, Esq., Assistant Federal Public Defender.