PANAMA CITY, Fla. - Girls Gone Wild founder Joe Francis was denied three motions to dismiss his four felony charges on Tuesday. Francis faces up to 40 years in prison for using minors in a sexual performance.
In the federal lawsuit filed last month in Panama City, two women said they were enticed to board a tour bus sponsored by Francis' production company with the promise of free clothing. Once onboard, they allegedly were given alcoholic drinks, and eventually did a sexual shower scene.
Francis has been granted bond by the judge, but has a detainer on him in the 2003 case and faces a new charge of smuggling controlled substances into the Bay County Jail.
The Miami Herald reported that Francis' attorneys are contending the production company owner did not film the girls himself and did not meet them until after the scene.
The two sides have exchanged responses; the prosecution claiming that Francis should have known the girls' ages and the defense asserting that they do not recognize the verbiage "should have known" as a legal standard to establish Francis' criminal intent.
Costello agreed with the prosecution, ultimately deciding that Francis can still be charged, even though he may have not known the girls' ages.
The defense may appeal Judge Costello's ruling to the First District Court of Appeal.
Francis is currently in a Nevada jail, awaiting trial on tax evasion charges.
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