Paterson Man Charged with Distribution and Possession of Child Pornography

NEWARK, N.J. – A Paterson man was charged with distribution and possession of child pornography that he shared on multiple messaging platforms, U.S. Attorney Alina Habba announced.

Dwayne Smalls, 25, was charged by complaint and appeared before U.S. Magistrate Judge Jessica S. Allen in Newark federal court.

According to documents filed in this case and statements made in court:

Smalls posted messages on certain messaging platforms advertising images and videos of child pornography, including those involving prepubescent minors.  Specifically, he represented that he could provide images and videos depicting child sexual-abuse material (“CSAM”) for a fee. Law enforcement conducted a search of his cell phone and residence and determined that between August 2023 and October 2023, Smalls distributed CSAM on multiple occasions. In addition, law enforcement found approximately eleven unique video files containing CSAM on Smalls’ cell phone.

The charge of distribution of child pornography carries a mandatory minimum penalty of 5 years in prison, a maximum penalty of 20 years in prison, and a $250,000 fine. The charge of possession of child pornography carries a maximum penalty of 10 years in prison and a $250,000 fine.

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

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS) in the Justice Department’s Criminal Division, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit: https://www.justice.gov/psc.

The government is represented by Assistant U.S. Attorney Joseph Stern of the Opioid Abuse Prevention and Enforcement Unit in Newark.

The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

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Defense counsel: Tatiana Nnaji, Esq., Assistant Federal Public Defender