Anthony Zito, 33, will be eligible for parole after nine months for the lesser sentence and 15 months on the higher one, however.
Zito told a judge in Hackensack yesterday that believed the girl having intercourse with a man in the photo was under 16 and that he knew it was illegal to transmit such an image.
As part of his sentence, Zito will have to register his address annually with authorities under Megan’s Law.
He told Superior Court Judge Edward A. Jerejian that he was online at home on Nov. 21, 2012 when he contacted another member of a file-sharing network and “posted, transferred or otherwise published a photograph of an individual under the age of 16 engaged in a sexual act or a simulated sex act.”
If convicted at a trial, the judge said, Zito could have faced 5 – 10 years on each of three charges of “receiving for the purpose of selling” the pornographic image and three to five years for possessing it.
STORY / PHOTO: CLIFFVIEW PILOT Courthouse Reporter Mary K. Miraglia
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