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One child's leisurely pose during play time could easily be mistaken for a sexually suggestive pose by someone with impure thoughts. District Judge Tena Campbell is expected to rule on the motion sometime this fall, it is expected the case will likely go to the 10th Circuit Court of Appeals. Although U. One photo reportedly shows a 9-year-old girl in "black stiletto pumps, a black lace thong, black bra, and a black jacket" sitting on a dining room table, according to court records. Assistant U. Attorney Mike Kennedy said his office plans to respond to the motion later this month. In their motion, attorneys for Duhamel and Granere argue that there is no allegation of nudity nor do the locations of the photos suggest sexual locations. Court have ruled that photos do not have to necessarily be nude in order to be considered "lascivious. The pair were indicted last March with felony counts of transporting, receiving and possessing child pornography. View 2 Items Matthew Duhamel A former Utah television personality and his business partner are asking a federal judge to drop child pornography charges against them, arguing a Web site they operated that contained pictures of young girls in suggestive poses does not rise to the level of pornography. Federal prosecutors claim their Web site, which has now been shut down, dealt in images of 9- and year-old girls wearing scant clothing in suggestive poses. These standards determine if the photo's focal point is of the child's pubic area; if the setting is sexually suggestive; if the child is depicted in an "unnatural pose" or in inappropriate attire; if the child is partially clothed or nude; if the picture suggests "sexual coyness or a willingness to engage in sexual activity"; and whether the picture is "designed to elicit a sexual response in the viewer. In a joint motion to dismiss indictments filed in federal court, attorneys for Matthew John Duhamel and Charles Philip Granere argue that the pictures on their site are of fully clothed children and show no nudity. Kennedy said his office believes that under the legal standards, the Web site operated by Duhamel and Granere did deal in child pornography.
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