Court: Calif. Dad Can Paste Daughter’s Face On Porn Pics

SACRAMENTO (CBS) — A state appellate court has overturned the child pornography conviction of a Northern California man who digitally inserted his 13-year-old daughter’s face onto graphic pictures of women because the images did not show minors engaging in sex acts, according to court documents.

Joseph Lowell Gerber, of Milpitas, Calif., was convicted in September 2008 of possession of child pornography, annoying or molesting a child, furnishing marijuana to a minor under 14 years of age, and two counts of furnishing a controlled substance to a minor.

His daughter “J.” — who was 14 at the time of the trial — accused Gerber of providing her with alcohol, cocaine, marijuana and possibly methamphetamine while staying with her then-estranged dad after her parents had divorced 12 years earlier.

Court records show Gerber eventually convinced J. to allow him to take pictures of her — sometimes wearing only a bra and underwear — in exchange for supplying the preteen with more cocaine.

J. recalls one particular incident when she felt “[v]ery, very uncomfortable” and that her dad was taking photos for a “really long” time.

After J. and her mother went to the police, Gerber was arrested on an outstanding warrant. Officers searched the home and found two USB drives with “pornographic pictures that looked like J.’s head had been ‘pasted on them'”.

Gerber later admitted to taking pictures of his daughter posing in her bra and underwear for up to 20 minutes, and promising to give her cocaine in exchange for those pictures, according to documents from the Sixth District Court of Appeal in San Jose.

He admitted to masturbating to the photos and having “sick thoughts” about his daughter.

The court defended its decision by contending that the language used in a state pornography law “requires a real child to have actually engaged in or simulated the sexual conduct depicted” and therefore could not uphold Gerber’s previous conviction.

“Although we may find such altered images morally repugnant, we conclude that mere possession of them remains protected by the First Amendment to the United States Constitution,” the decision stated.

Gerber was sentenced to 13 years and four months in prison before his conviction was overturned.

Comments

One Comment

  1. Bob says:

    Wow when do you see Latinos doing things like that. But then there’s racist people that say they are all just criminals. Some people are just too sick.

    1. Oh Puh-leez says:

      What, pray tell, does race or racist comments have to do with this story?! Why do schmucks like you have to turn EVERYTHING into a race thing? Why can’t these comments simply be about a sick father and pictures of his daughter?

      1. Cindy says:

        or better yet why can’t it be “Latino’s aren’t the only ones having sex with there family members”

    2. EYEROLLHERE says:

      editing to clarify this is not an anti hispanic post….just a response to the original “anti everyone but hispanic” post. You cannot pick out bad guys by the color of their skin. Period.

    3. Lana says:

      That’s bull, I worked in the Huntington Park parole office and over 80% of the Hispanic parollees had some kind of sex offender conviction much of which was incestuous/underage so knock it off Chico

  2. greg says:

    I think the other prisoners in gen pop should know what he did and NOT put him in protective custody, who was protecting the daughter?

    1. Sad says:

      I so agree with you. They should be worried about unwanted attention. BTW he is very white,not any kind of minority.

  3. John says:

    People just don’t like you hispanics.Remember that.

  4. Erika says:

    Race is a non-issue and has nothing to do with this case. No matter the individual’s race, once a child molester, always a child molester! Or once an abuser, always a abuser! Using the First Amendment is morally and legally repugnant. Yet again, it seems guess the courts have to see with their own eyes a child/children being raped before they are protected and justice is truly served. Greg, good question. Apparently, no one was protecting this child. It’s sad that “J.’s” mother wasn’t charged. I wonder why “J.’s” parents divorced in the first place? Did the mother just turn a blind eye to what her ex-husband was doing to their daughter? She should have been charged for putting their daughter back in an abusers custody. Child molestation is much more than just “annoying.” What about the drugs and alcohol the father supplied to his daughter (minor or adult)? I still see the American Courts System hasn’t learned from past cases. Where was CPS (Child Protective Services) in all of this? “I use CPS loosely. As they are often useless and make things worse. As a child rights advocate, I have found this to be true when it comes to CPS. This case explains why children who are being abused don’t tell. I hope “J.” is getting professional help for drug addiction and being raped.

    1. Cindy says:

      well in a already F#@%d up world, hate to say but, the child was probably already on drugs (have you seen the 12 year olds these days) and something happened where she got caught and she blamed the dad. not making light of what the dirty b#@%rd did to her but, when drugs are involved everyone does stupid things.

  5. Cindy says:

    that ‘s ones opinion.

  6. CC says:

    And the court HOW DARE THE COURTS ALLOW THIS DERANGEMENT TO CONTINUE. This will lead to assaults. Son of a bit*h.

  7. janeddoe9800 says:

    What the fnck???

  8. Katie says:

    “…the language used in a state pornography law “requires a real child to have actually engaged in or simulated the sexual conduct depicted” and therefore could not uphold Gerber’s previous conviction.”

    Oh, the mere PHOTOGRAPH of a child won’t do? Just because Dad photoshopped his daughter’s image in means that it won’t be harmful to the child?

    1. Mike Andrews says:

      More harmful that feeding your kid McDonald’s every day? Doubtful…he masturbated to photoshopped pics that she likely will never see. It’s not the “harmful to a child” law…it’s “child pornography.”

  9. Shelly says:

    Lets just say its a disease mostly of MAN. Its like a sport for them, world wide players.

  10. "J" says:

    I did NOT let him take pics of me on a regular basis (typo)

    1. Captain Obvious says:

      There’s a lot more typos than that in your previous paragraph if you look harder…

  11. "J" says:

    I was never in his custody, you people are idiots i should have never even read these comments or let myself respond to this bull s–t

    1. Brian K Mcclung says:

      Dear J

      You are right. There are a lot of stupid comments about any story.

      I’ll tell you what concerns me in reading this story.

      You don’t sound like an entirely unwilling participant.

      Brian K Mcclung
      San Pedro, Ca

  12. Kat says:

    The mom did the right thing by putting the breaks on this situation ASAP by call the police and pressing the case until a conviction was ordered.
    Children can be persuaded to do many things requested by parents, teachers or other authority figures so please don’t judge the kid for the crimes of the father.

  13. Donna says:

    J — thank you for being honest throughout this whole ordeal. I hope you can put it all behind you as best you can and go on to lead a wonderful, happy and productive life.

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