CANADY, Judge.
The State charged Dalia Fernandez with a violation of section 827.071(5), Florida Statutes (2000), for possessing a photograph of her six-year-old grandson holding his unclothed, erect sexual organ. Concluding that the photograph "as a matter of law fails to meet the statutory requirement necessary to deem the photograph child pornography," the trial court dismissed the charge, and the State now appeals. The standard of review is de novo, and the dismissal...
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