Matthew Duhamel of Bountiful and Charles Granere of Orem were arrested in March on child pornography charges relating to the operation of child modeling Web sites displaying what court documents allege are numerous sexually explicit depictions of young children.
According to those documents, one photo of a 9-year-old girl shows her dressed in "black stiletto pumps, a black lace thong, black bra and black jacket," sitting on a dining room table. The two men argued that the case against them should be dismissed because the children were not nude, and therefore could not be considered pornographic.
However, U.S. District Court Judge Tena Campbell rejected that argument on Friday, saying the law is clear in not requiring nudity under the definition of pornography.
She added that the determination of whether the images found on the Web site were pornographic should be made by a jury.
Campbell will issue a written ruling further outlining her decision.
mwilliams@davisclipper.com
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