The Associated Press is reporting that a federal judge has ruled that nudity isn’t necessary for photographs of scantily clad children to be considered pornographic. In the case, Charles Granere and Matthew Duhamel had both been charged with transportation, receipt, and possession of child pornography; the pair had operated a website depicting young girls in suggestive poses.
Duhamel, a local television host, and business partner Granere sought to have the case against them thrown out, arguing that the models on their website, females aged 9-10 years, were not nude. The AP is reporting that, according to charging documents, photos of a 9-year-old girl show her dressed in “black stiletto pumps, a black lace thong, black bra, and black jacket” and sitting on a dining room table.
In court Friday, attorney Richard Mauro argued that nudity must be a requirement to consider an image pornographic. Mauro pointed to works of art and advertising as examples.
U.S. District Judge Tena Campbell rejected the argument. Additionally, Campbell said the law is clear in not requiring nudity under the definition of pornography. She added the determination of whether the images on Granere’s and Duhamel’s site were pornographic should be determined by a jury.
Campbell will issue a written ruling, further outlining her decision. After the hearing, Mauro said he will wait to see Campbell’s written ruling before deciding to appeal the case.
According to The AP, federal agents estimated between 2,000 to 3,000 people paid $22 a month for membership to the site.
