Prosecutors have dropped dozens of felony charges in the case against Girls Gone Wild producer Joe Francis due to lack of evidence, the Associated Press reported. Eight of the charges remain as the case moves to trial next year.

Assistant State Attorney Mark Graham filed a motion to reduce the charges on Monday, stating that the prosecution “can only support second-degree felony charges of using children in sexual performances."

In the same motion, Graham responded to Francis’ protest that he did not know his subjects were underage: "Knowledge of the victim's age is not an element of the offense of use of a child in a sexual performance…Whether the minor girls lied about their ages is irrelevant to the criminal charge."

On Jan. 3, a judge will consider a defense motion to dismiss all charges stemming from Francis’ 2003 arrest.

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