SALT LAKE CITY -- Child pornography charges against a former television weatherman and his business partner may hinge on whether photos the two men posted on the Internet of young girls in lingerie meet the federal definition of sexually explicit conduct.

Federal prosecutors contend the photos crossed a line of decency, showing scantily clad girls as young as 9 years old in provocative poses. But a defense attorney argues that as long as the children aren't naked, the photographs aren't sexually explicit.

Matthew John Duhamel, 32, of Bountiful and Charles Philip Granere, 26, of Pleasant Grove appeared in U.S. District Court on Tuesday to determine if they could be released while awaiting trial on charges of transportation of child pornography, receipt of child pornography and possession of child pornography.

Duhamel and Granere are accused of operating several modeling Web sites showing elementary school-age girls wearing lingerie or less. Assistant U.S. Attorney Karin Fojtik said Duhamel had about 3,000 members paying $23 a month to view one of his Web sites and paid an Indiana woman $17,000 in less than three months for photos of her 10-year-old daughter. He also split profits from another Web site with a North Carolina man providing photos of a 9-year-old girl, according to court documents.

Prosecutors contend the photographs constitute cases of minors engaging in sexually explicit conduct, which, whether real or simulated, are in violation of federal law if a "lascivious exhibition" of the girls' private parts occurred, court papers said.

If convicted, the men could face 20 years in federal prison on each of the first two counts -- transportation and receipt of child pornography -- and 10 years in prison on the third count, possession of child pornography.

Duhamel's attorney, Richard Mauro, said he hadn't seen the photos. Charging documents said none of the girls were naked.

"There is some question whether the images are actually illegal," Mauro said. "There are pictures of young girls, but they're not nude pictures."

Assistant Federal Defender Clark Donaldson, representing Granere, made similar comments.

Some of the photographs show young girls where the focus is below the waist.

Federal law doesn't define what "lascivious exhibition" is, but a six-part test from a 1986 San Diego child pornography case involving nude girls is used in Utah federal courts to help determine if the definition has been met.

The U.S. v. Dost decision says courts should consider if the focal point of the photographs is on a child's private area; if the pose is sexually suggestive; if the child is in an unnatural pose or age-inappropriate attire; how clothed the child is; whether the pose suggests sexual coyness, and whether the picture is intended to elicit a sexual response from the viewer.

U.S. District Judge Brooke Wells ordered Duhamel to shut down one of his remaining Web sites within 24 hours as a condition of his release Tuesday from federal custody. He is also banned from having any contact with minors, accessing the Internet or taking any job involving photography or video production.

Duhamel bought time on KPNZ to host a late-night talk show until his arrest on Friday and was previously a meteorologist known as Matt McCoy on KUTV in Salt Lake City. He also worked as a meteorologist at KIDK in Idaho Falls, Idaho, from July 2002 to March 2003.

Wells ordered Duhamel to live with either his father in Vancouver, Wash., or his mother in Santa Rosa, Calif. He is also prohibited from visiting his 7-year-old daughter in another state.

Prosecutors said Granere was Duhamel's business partner and hosted Web sites for which Duhamel bought photos.

The decision on whether Granere will be released will be made Wednesday. Fojtik said she could prove that Granere called his employees from jail on Sunday and ordered them to destroy evidence by shutting down servers hosting multiple child modeling Web sites.

A copy of the telephone call tape is expected to be made public at the hearing Wednesday.

Donaldson said Granere wasn't destroying evidence because federal authorities had already viewed the Web sites.

This story appeared in The Daily Herald on page D1.