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Daughter’s Face Pasted Onto Woman’s Body Isn’t Child Porn, Calif. Court Says

Posted Jun 10, 2011 3:59 PM CDT
By Rachel M. Zahorsky

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A California court ordered a Santa Clara country judge to resentence Joseph Gerber, who was convicted in 2009 of possessing child pornography after pasting photos of his 13-year-old daughter's head onto bodies of women in graphic poses.

California's child porn ban "requires a real child to have actually engaged in or simulated the sexual act depicted," the Sixth District Court of Appeal said in a 3-0 ruling, the San Francisco Chronicle reported.

Gerber was originally sentenced to 13 years and four months in prison under a law prohibiting possession of any photo that depicts someone under 18 "personally engaging in or simulating sexual conduct,” and for furnishing marijuana and cocaine to his daughter.

The teenager’s mother contacted police after her daughter claimed Gerber had asked her to strip to her underwear during a drug-induced photo session.

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