NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted December 4, 2012
On appeal from Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 11-02-0336.
Mark P. Stalford, attorney for appellant.
Jeffrey S. Chiesa, Attorney General, attorney for respondent (Joseph Glyn, Deputy Attorney General, of counsel and on the brief).
Before Judges Alvarez and St. John.
On February 18, 2011, Monmouth County Indictment No. 11-02-0336 was filed charging defendant Paul DeSantis with four counts of second-degree endangering the welfare of a child (distribution of child pornography), contrary to N.J.S.A. 2C:24-4(b)(5)(a); and fourth-degree endangering the welfare of a child (possession of child pornography), contrary to N.J.S.A. 2C:24- 4(b)(5)(b). Defendant contends that the trial judge erred by not granting his motion to dismiss the indictment as barred by the statute of limitations period. We disagree and affirm.
The record discloses the following facts and procedural history leading to the determination under review.
Defendant filed a pretrial motion to dismiss the indictment on the grounds that the prosecution was barred by the statute of limitations. On June 22, 2011, the trial judge heard oral argument on the motion and denied defendant's motion. On August 10, 2011, defendant entered conditional pleas of guilty to each of the endangering the welfare of a child by distributing child pornography counts of the indictment. N.J.S.A. 2C:24-4(b)(5)(a). Defendant reserved the right to appeal the court's denial of his motion to dismiss the indictment. R. 3:9-3(f).
At the plea hearing, defendant stated under oath that on four separate dates he transferred photographs of children engaged in prohibited sexual acts. The four dates are: August 17, 2008; October 23, 2008; February 1, 2009; and February 8, 2009. Defendant agreed that the images depicted children less than sixteen years of age, and in some cases less than thirteen years of age, engaged in prohibited sexual acts. The images were either posted by defendant to an account he had at a social networking website to which others had access or attached to emails sent from one of his email accounts. As a result of an inconsistent statement made during the preparation of his adult presentence investigation report, on the day of sentencing defendant was again placed under oath and asked additional questions. Defendant confirmed that on August 17, 2008, and February 1, 2009, he uploaded images to an account he established at a social networking website. The images depicted children engaged in prohibited sexual acts and defendant knew that when he uploaded the images others would be able to access and download them. Defendant also confirmed that, with regard to the dates of October 23, 2008, and February 8, 2009, he forwarded emails that he had received to other persons. Those emails included attachments which were images depicting children engaging in prohibited sexual acts.
The trial court sentenced defendant to a six-year term of imprisonment for each of the four counts, to be served concurrently, followed by sex offender registration pursuant to N.J.S.A. 2C:7-1 to -11. Defendant's sentence was also to be served concurrently to an eighteen-month sentence imposed for a previous fourth-degree endangering the welfare of a child (possession of child pornography) conviction, contrary to N.J.S.A. 2C:24-4(b)(5)(b). The trial judge imposed Computer Crime Prevention Fund penalties which are a subject of this appeal. N.J.S.A. 2C:43-3.8. Appropriate other statutory ...