Exhibit G 

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DAVIS WRIGHT TREMAINE LLP 

1633 Broadway, 27th Floor 

New York, NY 10019-6708 

Telephone: (212) 489-8230 

DAVIS WRIGHT TREMAINE LLP 

1201 Third Avenue, Suite 2200 

Seattle, WA 98101 

Telephone: (206) 622-3150 

McCUSKER, ANSELMI, ROSEN & CARVELLI, P.C. 

210 Park Ave., Suite 301 

Florham Park, N.J. 07932 

Telephone: (973) 635-6300 

Attorneys for Plaintiff Backpage.com, LLC 

UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY 

BACKPAGE.COM, LLC,

 Plaintiff, 

 v. 

JOHN JAY HOFFMAN, Acting Attorney 

General of the State of New Jersey; JOHN L. 

MOLINELLI, Bergen County Prosecutor; 

CAROLYN A. MURRAY, Essex County 

Prosecutor; GAETANO T. GREGORY, Hudson 

County Prosecutor; FREDRIC M. KNAPP, 

Morris County Acting Prosecutor; CAMELIA 

VALDEZ, Passaic County Prosecutor; DAVID 

WEAVER, Sussex County Prosecutor; GRACE 

H. PARK, Union County Acting Prosecutor; 

JAMES P. MCCLAIN, Atlantic County 

Prosecutor; ROBERT D. BERNARDI, 

Burlington County Prosecutor; 

No. ____________________ 

VERIFIED COMPLAINT TO 

DECLARE INVALID AND 

ENJOIN ENFORCEMENT OF 

N.J.S.A. § 2C:13-10 (P.L. 2013, 

c.51 § 12)

Caption continued on next page 

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WARREN W. FAULK, Camden County 

Prosecutor; ROBERT L. TAYLOR, Cape May 

County Prosecutor; JENNIFER WEBBMCRAE, Cumberland County Prosecutor; 

SEAN DALTON, Gloucester County 

Prosecutor; ANTHONY P. KEARNS, III, 

Hunterdon County Prosecutor; ANDREW C. 

CAREY, Middlesex County Prosecutor; 

CHRISTOPHER J. GRAMICCIONI, 

Monmouth County Prosecutor; JOSEPH D. 

CORONATO, Ocean County Prosecutor; JOHN 

T. LENAHAN, Salem County Prosecutor; 

GEOFFREY D. SORIANO, Somerset County 

Prosecutor; and RICHARD T. BURKE, Warren 

County Prosecutor, 

Defendants, in their 

official capacities 

LOCAL CIVIL RULE 10.1 STATEMENT 

1. The mailing addresses of the parties to this action are: 

Backpage.com, LLC 

P.O. Box 192307 

Dallas, TX 75219 

John Jay Hoffman, Attorney General of the State of New Jersey 

P.O. Box 080 

Trenton, NJ 08625-0080 

John L. Molinelli, Bergen County Prosecutor 

10 Main Street 

Hacksensack, NJ 07601 

Carolyn A. Murray, Essex County Prosecutor 

Veterans Courthouse, 50 West Market Street 

Newark, NJ 07102 

Gaetano T. Gregory, Hudson County Prosecutor 

595 Newark Avenue 

Jersey City, NJ 07306 

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Fredric M. Knapp, Morris County Prosecutor 

P. O. Box 900 – Court Street 

Morristown, NJ 07963 

Camelia Valdez, Passaic County Prosecutor 

401 Grand Street 

Paterson, NJ 07505 

David Weaver, Sussex County Prosecutor 

19-21 High Street 

Newton, NJ 07860 

Grace H. Park, Union County Prosecutor 

32 Rahway Avenue 

Elizabeth, NJ 07202 

James P. McClain, Atlantic County Prosecutor 

4997 Unami Boulevard, Suite 2 

May Landing, NJ 083330 

Robert D. Bernardi, Burlington County Prosecutor 

49 Rancocas Road 

Mt. Holly, NJ 08060 

Warren W. Faulk, Camden County Prosecutor 

25 North Fifth Street 

Camden, NJ 08102 

Robert L. Taylor, Cape May County Prosecutor 

DN-110, 4 Moore Road, 110 Justice Way 

Cape May Court House, NJ 08210 

Jennifer Webb-McRae, Cumberland County Prosecutor 

43 Fayette Street 

Bridgton, NJ 08302 

Sean Dalton, Gloucester County Prosecutor 

2 South Broad Street 

P. O. Box 337 

Woodbury, NJ 08096 

Anthony P. Kearns, III, Hunterdon County Prosecutor 

65 Park Avenue 

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P. O. Box 756 

Flemington, NJ 08822 

Joseph L. Bocchini, Jr., Mercer County Prosecutor 

209 S. Broad Street 

Trenton, NJ 08608 

Andrew C. Carey, Middlesex County Prosecutor 

Public Safety Building, 25 Kirkpatrick Street, 3rd Floor 

New Brunswick, NJ 08901 

Christopher J. Gramiccioni, Monmouth County Prosecutor 

132 Jersey Avenue 

Freehold, NJ 07728 

Joseph D. Coronato, Ocean County Prosecutor 

119 Hooper Avenue 

Toms River, NJ 08754 

John T. Lenahan, Salem County Prosecutor 

Fenwick Building, Second Floor, 87 Market Street 

P. O. Box 462 

Salem, NJ 08079 

Geoffrey D. Soriano, Somerset County Prosecutor 

40 North Bridge Street 

Somerville, NJ 08876 

Richard T. Burke, Warren County Prosecutor 

413 Second Street 

Belvidere, NJ 07823 

Plaintiff Backpage.com, LLC (“Backpage.com”) alleges and complains as follows: 

1. INTRODUCTION

1. This is an action pursuant to 42 U.S.C. § 1983 and the Declaratory Judgment 

Act, 28 U.S.C. § 2201, to enjoin enforcement of a recently-enacted New Jersey statute, P.L. 

2013, c.51 § 12, to be codified as N.J.S.A. § 2C:13-10 (the “Act”), that, if allowed to take 

effect, would impose an intolerable burden on speech, in violation of the Communications 

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Decency Act of 1996, 47 U.S.C. § 230, and the First and Fourteenth Amendments and 

Commerce Clause of the United States Constitution. 

2. Scheduled to take effect July 1, 2013, the Act will, by threat of criminal 

prosecution, force websites and others to become the government’s censors of third-party 

users’ content. Although a goal of preventing sex trafficking of children is laudable, the law 

is not. It threatens 20 years’ imprisonment, a minimum $25,000 fine, and mandatory sex 

offender registration against anyone who knowingly publishes, disseminates or displays or

anyone who “causes ... indirectly” the publication, dissemination, or display of content that 

contains an explicit or even “implicit” offer of any sexual contact for “something of value” in 

New Jersey if the content includes an image that turns out to be of a minor. Because of its 

expansive language (e.g., “indirectly” “causes”), the law applies not only to online classified 

ad services like Backpage.com, but also to any website that allows third parties to post 

content (including user comments, reviews, chats, and discussion forums) and to social 

networking sites, search engines, internet service providers, and more. 

3. Backpage.com supports the State’s efforts to punish those who actually engage 

in child sex trafficking. A portion of the Act does this, by making it a crime to “knowingly 

purchase[] advertising in this State for a commercial sex act which includes the depiction of 

a minor.” N.J.S.A. § 2C:13-10.b(2). Backpage.com does not challenge this portion of the 

Act. The remainder of the law, however, is not rationally tailored to combat sex trafficking, 

but instead seeks to impose Internet censorship in a manner that would burden or eliminate 

substantial amounts of lawful speech. 

4. The law expressly states that it is not a defense that the defendant did not 

know that an image contained in a post was of a minor. Instead, to avoid prosecution, the 

defendant must obtain governmental or educational identification for the person depicted, 

even if that identification does not contain a photograph. This means that every service 

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provider—no matter where headquartered or operated—must review each and every piece of 

third-party content posted on or through its service to determine whether it may be an 

“implicit” offer for a commercial sex act in New Jersey, and whether it includes a depiction 

of a person, and, if so, the provider must obtain and maintain a copy of identification. These 

obligations would threaten the practice of hosting third-party content online. 

5. The Act plainly contravenes well-settled federal law. Section 230 to the 

Communications Decency Act prohibits interactive computer service providers from being 

“treated as the publisher or speaker of any information” provided by a third party and 

expressly preempts state laws inconsistent with this protection. In addition, the First and 

Fourteenth Amendments to the Constitution prohibit state laws that severely inhibit and 

impose strict criminal liability on speech, as the Act does. Finally, the Constitution’s 

Commerce Clause also prohibits states from passing and enforcing laws, like the Act, that 

regulate activity beyond the state’s borders. 

6. Federal courts in Tennessee and Washington have entered permanent 

injunctions prohibiting those states from enforcing statutes that are identical to the Act in all 

material respects. Backpage.com, LLC v. McKenna, 881 F. Supp. 2d 1262 (W.D. Wash. 

2012); Backpage.com, LLC v. Cooper, __ F. Supp. 2d __, 2013 WL 1558785 (M.D. Tenn. 

Jan. 3, 2013). In both cases, the courts held that the statutes were unconstitutional and 

unenforceable on all of the grounds Backpage.com advances here.

7. If this Court does not enjoin enforcement of the Act, Backpage.com and other 

service providers throughout the nation that cannot possibly review the millions of thirdparty posts processed by their services will have a daunting choice—either block most or all 

third-party content or risk first-degree criminal charges, penalties and imprisonment.

Eliminating or significantly impairing online forums for free speech in this way will cause 

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irreparable harm to online providers and the public at large, who will lose lawful avenues for 

free expression on the Internet. 

II. PARTIES 

8. Plaintiff Backpage.com, LLC is a limited liability company, organized and 

existing under the laws of the state of Delaware, with its principal place of business in 

Dallas, Texas.

9. Defendant John Jay Hoffman is Acting Attorney General of the State of New 

Jersey.

10. The remaining defendants are the county prosecutors in New Jersey for each 

of the counties as identified in the caption above and in the Rule 10.1 statement in paragraph 

1. They are responsible for the enforcement of criminal laws of the State of New Jersey and 

for initiating proceedings for the arrest and prosecution of individuals suspected of firstdegree criminal offenses and for civil actions in which their respective counties are parties. 

11. All defendants are sued in this action in their official capacities as 

representatives of the State of New Jersey and their respective counties. 

III. JURISDICTION AND VENUE 

12. This Court has jurisdiction of this action under 28 U.S.C. § 1331 because 

Backpage.com alleges a violation of 42 U.S.C. § 1983.

13. This Court may declare the legal rights and obligations of the parties in this 

action pursuant to 28 U.S.C. § 2201 because the action presents an actual case or controversy 

within the Court’s jurisdiction. 

14. Venue is proper in this Court under 28 U.S.C. § 1391 because all of the 

Defendants in this action are located and reside in this judicial district. 

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IV. FACTUAL ALLEGATIONS 

15. In 2010, a group of state attorneys general (“AGs”) demanded that the online 

classified ad service Craigslist remove its adult services category from its website. In 

response to this pressure, Craigslist did remove the adult services category in 2010. Almost 

immediately, adult ads migrated to other categories and websites, including Backpage.com. 

16. Upon information and belief, Backpage.com is the second largest online 

classified advertising service in the United States. Backpage.com allows users to post in a 

multitude of categories (e.g., local places, community, buy/sell/trade, automotive, musician,

rentals, real estate, jobs, forums, dating, adult, and services) and subcategories. 

17. In September 2011, the National Association of Attorneys General (“NAAG”) 

publicly released a letter, joined by New Jersey’s then-AG, demanding that Backpage.com 

remove the adult category and requesting numerous categories of information from 

Backpage.com “in lieu of a subpoena.” At the time, NAAG’s President, Washington AG 

Rob McKenna, admitted that state AGs “have little legal standing to forcibly shut down the 

site” and that the Communications Decency Act provided “broad immunity” to websites for 

third-party content, presenting a “high barrier” for any actions that state AGs might pursue. 

18. Backpage.com attempted to cooperate with NAAG, but has resisted the 

demand to eliminate its adult category, maintaining that selective online censorship is not a 

solution to trafficking and child exploitation, but rather that technology and responsible 

businesses such as Backpage.com can help address and combat these problems. 

19. Backpage.com takes numerous steps to prevent any abuse of its site. It 

prohibits users from misusing its site for illegal purposes, including human trafficking and 

sexual exploitation of children, and reports suspect user-submitted posts to the authorities. It 

employs extensive voluntary monitoring measures to prevent and remove improper postings, 

including automated filtering and two rounds of manual review of individual postings. And 

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Backpage.com collaborates and cooperates with law enforcement officials, for example by 

responding to subpoenas, usually within 24 hours of receipt. 

20. In 2012, Washington State enacted a statute that created a felony offense 

labeled “advertising commercial sexual abuse of a minor.” Wash. Rev. Code Ann. § 

9.68A.104. Backpage.com brought suit shortly before that law was to take effect, and the 

United States District Court for the Western District of Washington entered a temporary 

restraining order enjoining enforcement of the law. The court entered a preliminary 

injunction on July 27, 2012. See Backpage.com, LLC v. McKenna, 881 F. Supp. 2d at 1262.

The Washington law has since been permanently enjoined. 

21. Tennessee enacted a similar law in May 2012. Backpage.com brought suit 

challenging that statute as well, and the United States District Court of the Middle District of 

Tennessee issued a preliminary injunction preventing enforcement of the law on January 3, 

2013. Backpage.com, LLC v. Cooper, 2013 WL 1558785. On March 19, 2013, the court 

converted its preliminary injunction to a permanent injunction and declared the Tennessee 

law invalid. 

22. In October 2012, the New Jersey Assembly and Senate introduced identical 

versions of a bill (A.3352 and S.2239) entitled “Human Trafficking Prevention, Protection, 

and Treatment Act.” The bills proceeded as A.3352, which, in section 11, created a new 

offense entitled “advertising commercial sexual abuse of a minor.”

23. The legislative history indicates that the Act was modeled on the Washington 

law referenced above, Wash. Rev. Code Ann. 9.68A.104. 

24. During hearings on the Act, legislators indicated the law was intended to target 

Backpage.com and burden escort ads and similar Internet postings. The legislative findings 

in the Act state that “craigslist.com removed its escort section, but another website with an 

escort section, backpage.com, has to date refused to do so[.]” N.J.S.A. § 2C:13-10(a)(5). 

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25. Both houses of the New Jersey legislature approved A.3352 on March 21, 

2013, with the advertising provision largely unchanged from the initial bill. The Governor 

signed the bill into law on May 6, 2013. Enacted as P.L. 2013, c.51 § 12, the Act will be 

codified at N.J.S.A. § 2C:13-10. 

26. As enacted, the Act provides: 

b. A person commits the offense of advertising commercial sexual abuse 

of a minor if: 

(1) the person knowingly publishes, disseminates, or displays, or causes directly or 

indirectly, to be published, disseminated, or displayed, any advertisement for a 

commercial sex act, which is to take place in this State and which includes the 

depiction of a minor; or 

(2) the person knowingly purchases advertising in this State for a commercial sex act 

which includes the depiction of a minor.1

c. A person who commits the offense of advertising commercial sexual 

abuse of a minor as established in subsection b. of this section is guilty of a crime of 

the first degree. Notwithstanding the provisions of N.J.S.2C:43-3, the fine imposed 

for an offense under this section shall be a fine of at least $25,000, which shall be 

collected as provided for the collection of fines and restitutions in section 3 of 

P.L.1979, c.396 (C.2C:46-4) and forwarded to the Department of the Treasury to be 

deposited in the “Human Trafficking Survivor's Assistance Fund” established by 

section 2 of P.L.2013, c.51 (C.52:17B-238). 

d. Nothing in this section shall preclude an indictment and conviction for 

any other offense defined by the laws of this State. 

e. For the purposes of this section: 

“Advertisement for a commercial sex act’ means any advertisement or offer in 

electronic or print media, including the Internet, which includes either an explicit or 

implicit offer for a commercial sex act to occur in this State.

“Commercial sex act” means any act of sexual contact or sexual penetration, 

as defined in N.J.S.2C:14-1, or any prohibited sexual act, as defined in N.J.S.2C:24-4, 

for which something of value is given or received by any person. 

1

 As noted above, Backpage.com does not challenge section b(2) of the Act. 

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“Depiction” means any photograph or material containing a photograph or 

reproduction of a photograph. 

“Minor” means a person who is under 18 years of age. 

“Photograph” means a print, negative, slide, digital image, motion picture, or 

videotape, and includes anything tangible or intangible produced by photographing. 

f. It shall not be a defense to a violation of this section that the defendant: 

(1) did not know the age of the minor depicted in the advertisement; or 

(2) claims to know the age of the person depicted, unless there is appropriate proof of 

age obtained and produced in accordance with subsections g. and h. of this section. 

g. It shall be a defense to a violation of this section that the defendant 

made a reasonable, bona fide attempt to ascertain the true age of the minor depicted in 

the advertisement by requiring, prior to publication, dissemination, or display of the 

advertisement, production of a driver’s license, marriage license, birth certificate, or 

other governmental or educational identification card or paper of the minor depicted 

in the advertisement and did not rely solely on oral or written representations of the 

minor’s age, or the apparent age of the minor as depicted. The defendant shall prove 

the defense established in this subsection by a preponderance of the evidence. 

h. The defendant shall maintain and, upon request, produce a record of the 

identification used to verify the age of the person depicted in the advertisement. 

27. Absent relief from this Court, the Act will take effect July 1, 2013. 

28. Backpage.com and numerous other online service providers face a threat of 

prosecution under the Act if it is allowed to go into effect, based on its vague standards 

criminalizing dissemination of any third-party content containing an “implicit offer” of sex 

for “something of value” and a depiction of a minor, with no requirement of scienter and no 

defense that an online service provider did not know or had no reason to know that the person 

depicted in an online post was a minor.

29. Backpage.com and numerous other online service providers will suffer 

immediate and irreparable harm if the Act is allowed to go into effect, because the threat of 

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criminal prosecution under the law will require them to undertake the impossible task to 

review and censor third-party content, obtain and retain the required forms of identification 

from all third-party users seeking to post such content, or block content altogether. 

30. The public and particularly Internet users desiring to post third-party content 

will be irreparably harmed if the Act is allowed to take effect because their rights of free 

speech will be burdened or precluded.

V. CLAIMS FOR RELIEF 

CLAIM I: VIOLATION OF AND PREEMPTION UNDER THE 

COMMUNICATIONS DECENCY ACT, 47 U.S.C. § 230, 

PURSUANT TO 42 U.S.C. § 1983 

31. Backpage.com incorporates all previous paragraphs as if fully set forth herein. 

32. Backpage.com is an “interactive computer service” within the meaning of 47 

U.S.C. § 230, because it operates the interactive online classified ad service Backpage.com. 

33. The Act violates Backpage.com’s rights under 47 U.S.C. § 230(c)(1), because 

enforcement of the new law would treat Backpage.com, a provider of an interactive computer 

service, as the publisher or speaker of information provided by another information content 

provider.

34. The Act is a “State ... law that is inconsistent with” Section 230, in direct 

violation of 47 U.S.C. § 230(e)(3).

35. The Act violates and is preempted by Section 230 of the CDA, and it therefore 

should be enjoined and declared invalid. 

CLAIM II: VIOLATION OF THE FIRST AND FOURTEENTH AMENDMENTS

TO THE CONSTITUTION, PURSUANT TO 42 U.S.C. § 1983 

36. Backpage.com incorporates all previous paragraphs as if fully set forth herein. 

37. The Act is invalid under the First and Fourteenth Amendments of the United 

States Constitution because it purports to impose strict criminal liability on online service 

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providers such as Backpage.com and others for third-party content, in the absence of proof of 

scienter, particularly concerning knowledge of the age of any individual depicted in such 

content.

38. The Act is invalid under the First Amendment because it is a content-based 

restriction that impermissibly chills a substantial amount of protected speech, is not narrowly 

tailored to serve the State’s asserted interests, and is far from the least restrictive alternative 

available to address the State’s interests. 

39. The Act is invalid under the First Amendment as an overbroad statute because 

it criminalizes fully protected speech. 

40. The Act is invalid under the First Amendment as an unduly vague state 

regulation, because it imposes severe criminal liability without providing reasonable notice of 

what speech is prohibited. 

CLAIM III: VIOLATION OF THE COMMERCE CLAUSE 

OF THE CONSTITUTION, PURSUANT TO 42 U.S.C. § 1983 

41. Backpage.com incorporates all previous paragraphs as if fully set forth herein. 

42. The Act violates the Commerce Clause of the United States Constitution 

because it attempts to regulate commercial transactions that take place wholly outside the 

State of New Jersey. 

43. The Act violates the Commerce Clause of the United States Constitution 

because it seeks to apply New Jersey law in a manner that constitutes an unreasonable and 

undue burden on interstate commerce that is excessive in relation to any local benefit 

conferred on the State of New Jersey and is likely to subject parties to inconsistent state 

regulations. 

CLAIM IV: DECLARATORY RELIEF PURSUANT TO 28 U.S.C. § 2201 

44. Backpage.com incorporates all previous paragraphs as if fully set forth herein. 

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45. This action presents an actual case or controversy between Backpage.com and 

Defendants concerning the validity and enforceability of the Act. 

46. Because the Act violates the CDA, 47 U.S.C. § 230, and the First and 

Fourteenth Amendments and the Commerce Clause of the United States Constitution, 

Backpage.com asks for a declaration pursuant to 28 U.S.C. § 2201 that the law is invalid and 

unenforceable.

VI. PRAYER FOR RELIEF 

WHEREFORE, Plaintiff Backpage.com, LLC respectfully requests that the Court: 

1. Declare that N.J.S.A. § 2C:13-10.b(1) and all other provisions of the Act as 

they relate to section b(1) violate and are preempted by 47 U.S.C. § 230, are unconstitutional 

under the First and Fourteenth Amendments and the Commerce Clause of the United States 

Constitution, and are therefore invalid and unenforceable; 

2. Preliminarily and permanently enjoin Defendants and their respective officers, 

agents, servants, employees, and attorneys, and those persons in concert or participation with 

them from taking any actions to enforce the Act (other than section b(2)), including any 

investigation, subpoena, arrest, and/or prosecution under the law. 

3. Award Backpage.com its reasonable costs and attorneys’ fees pursuant to 42 

U.S.C. § 1988; and 

4. Award Backpage.com such other and further relief as the Court deems just and 

proper.

DATED this 26th day of June, 2013. 

MCCUSKER, ANSELMI, ROSEN & CARVELLI, P.C. 

By S/ Bruce S. Rosen 

Bruce S. Rosen 

210 Park Ave., Suite 301 

Florham Park, NJ 07932 

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Telephone: 973-635-6300 

Fax: 973-456-0726 

E-mail: brosen@marc-law.com

DAVIS WRIGHT TREMAINE LLP

Robert Balin 

1633 Broadway, 27th Floor 

New York, NY 10019-6708 

Telephone: 212-489-8230 

 Fax: 212-489-4340 

 E-mail: robertbalin@dwt.com 

DAVIS WRIGHT TREMAINE LLP

James C. Grant, Pro hac vice application to be filed 

Eric M. Stahl, Pro hac vice application to be filed 

Ambika K. Doran, Pro hac vice application to be filed 

1201 Third Avenue, Suite 2200 

Seattle, WA 98101-3045 

Telephone: 206-757-8096 

Fax: 206-757-8096 

E-mail: jamesgrant@dwt.com 

E-mail: ericstahl@dwt.com 

E-mail: ambikadoran@dwt.com 

MCCUSKER, ANSELMI, ROSEN & CARVELLI, P.C. 

Bruce S. Rosen 

210 Park Ave., Suite 301 

Florham Park, N.J. 07932 

Telephone: 973-635-6300 

Fax: 973 456 -0726 

Email: brosen@marc-law.com 

Attorneys for Plaintiff Backpage.com, LLC

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LOCAL RULE 11.2 CERTIFICATION 

Pursuant to Local Civil Rule 11.2, Backpage.com certifies that the matter in 

controversy in this action is not the subject of any other action pending in any court, or of any 

pending arbitration or administrative proceeding. However, Backpage.com expects that 

another plaintiff, the Internet Archive, will file a similar lawsuit in this Court on or about the 

date of this filing.

MCCUSKER, ANSELMI, ROSEN & CARVELLI, P.C. 

By S/ Bruce S. Rosen 

Bruce S. Rosen 

210 Park Ave., Suite 301 

Florham Park, NJ 07932 

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