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Child porn charge reinstated against former police captain

ELKO -- The Nevada Supreme Court has reinstated a child pornography charge against a former Elko police captain, saying state law isn't vague when it comes to the age of a minor in such cases.

The high court rejected arguments by lawyers for Aaron Hughes in a ruling issued Thursday, according to the Elko Daily Free Press.

In 2009, a judge in Elko County dismissed the child pornography charge against Hughes, saying state law is unclear whether a minor is defined as younger than 16 or 18 years old.

Hughes was arrested in 2008. He is accused of making three videos of him having sex with a 17-year-old relative. He is also charged with incest.

The case now goes back to the lower court.

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