A videotape of an underage girl exposing her breasts is not child pornography, a judge decided Tuesday in a criminal case against the producer of the "Girls Gone Wild" video series.
Joe Francis, 30, and several of his employees were arrested at Panama City Beach while filming during spring break last April. Bay County sheriff's deputies charged Francis with racketeering related to prostitution and other crimes, based largely on videotapes of girls under 18. . . .
[P]rosecutors had tried to prevent the [defense from] copying [seized videotape] on grounds the videotape showing a girl "flashing" her breasts was illegal child pornography. Florida's child pornography law makes the depiction of "sexual conduct" illegal and defines that term to include physical contact. There was no physical contact in the video.