Ohio Judge Dismisses Pornography Charge

[Khephra]

COLUMBUS, Ohio -- A state judge Thursday dismissed a child pornography charge against a man who wrote stories about molesting and torturing children.

Franklin County Common Pleas Judge David Cain said the charge did not meet the standard of law prosecutors used, which only covers acts involving real children.

Brian Dalton -- believed to be the first person in the United States to be imprisoned for child pornography for writings rather than images -- has been under house arrest at his parents' Lancaster home, 30 miles south of here, since September.

He pleaded guilty in 2001 to pandering obscenity involving a minor, which falls under Ohio's pornography law, but later asked to withdraw the plea so he could fight the constitutionality of the law. A state court refused.

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