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So. Bay Man’s Child Porn Conviction Tossed; Girl’s Face On Photo Legal

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(CBS)

(CBS)

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

The Sixth District Court of Appeal 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 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 said Gerber gave his daughter marijuana and cocaine during visits and used a computer to place her head on pornographic images.

He was convicted in 2009 and sentenced to nearly 13 ½ years in prison.

(Copyright 2011 by CBS San Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services may have contributed to this report.)

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