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Dad's fake sex images using daughter's face not child porn, Calif. court finds

Court: Dad can paste daughter's face on porn photo
AP Photo, file

(CBS/AP) MILPITAS, Calif. - A California appeals court has overturned the child porn conviction of a San Jose-area man who pasted his 13-year-old daughter's head on sexual images.

The court ruled Wednesday that the photos found on Joseph Gerber's computer may have been repugnant but they don't violate the state's law against possessing child porn because his daughter didn't actually engage in or simulate a sex act.

The San Francisco Chronicle says the court also struck down two of Gerber's three convictions for furnishing his daughter with drugs, although he can be retried on those counts.

Prosecutors say the Milpitas man gave his daughter marijuana and cocaine during visits and used a computer to superimpose her head on pornographic images.

He was convicted in 2009 and sentenced to nearly 13 1/2 years in prison.

  • Edecio Martinez

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