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Grady, 42, has pleaded innocent to 886 felony counts of violating a state statute against sexual exploitation of children. Attorney Todd Graves said that investigators had seized copies the child pornography that Smith allegedly was selling and had obtained guilty pleas from three ancillary figures in the case, who apparently are cooperating with authorities.
If it’s a matter of trying to address people’s poor taste in eroticizing children …
I don’t think there’s a federal solution to that problem.” Foley responded that the bill “will meet constitutional muster.” “We don’t make laws that we think will be shot down,” he said.
The Cummingses, who are free on bail, are charged with the state felony of “engaging children in sexually explicit conduct for use in visual or print medium,” and face a maximum of 10 years in prison and a $10,000 fine.
In the meantime, the couple’s four children have temporarily been placed in the custody of a grandparent pending the outcome of the trial.
CHILD PORN CHARGES LEVELED In March, a federal grand jury in Missouri indicted Gary Lee Smith, 35, on federal child pornography charges.
The indictment alleges that Smith, who operated at least one preteen “model” site and possibly others, “employed and enticed a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct” that was later transported across state and national borders.
Even before the courts rule, the cases have added fuel to what was an already superheated debate over the preteen and teen “model” sites.
Foley, the Florida congressman, seized on the issue last year after NBC’s Miami affiliate, WTVJ/NBC 6, reported that a company in his home state, Webe Web Inc., had created at least a half dozen sites featuring teen and preteen girls, all of whom apparently had their parents’ permission.
But it is likely that any line drawn by the courts will be blurred, given the differing circumstances and venues of the three cases to be decided in the coming months: The first, scheduled to go to trial on July 22, involves a “mom and pop” site run by an Arkansas couple that featured their 12-year-old daughter.
Sheriff’s deputies officers who served a search warrant on the home of James and Donna Cummings of Magazine, Ark., in October 2001 found a videotape featuring the daughter that a prosecutor described as “significantly more explicit” than the cheesecake-style photos of her that were posted on the site.