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Published: 15:14 GMT, 7 November 2013 | Updated: 19:29 GMT, 7 November 2013
A South Florida nudist facing child porn charges has claimed photos of his three daughters, aged 8 to 12, are family portraits.
Brian Martens, who lives at a Palm Beach nudist colony, claimed there was nothing sexual about the photos, which were taken by a neighbor who has since been convicted of child pornography.
Martens admits he gave professional photographer Leslie Grey Vanaman permission to take pictures of his daughters, but at least one photo was a close up of a girl's genital area, investigators claimed.
Family friendly: Brian Martens was living at the Sunsport Gardens naturist resort with his three daughters
A grand jury has voted that there is enough evidence to indict 53-year-old Martens on one count of producing child pornography and one count of receiving it, according to the Sun Sentinel.
At a hearing on Wednesday Magistrate Judge Bill Matthewman agreed, and told the court: 'Several of these photos the court has reviewed are lascivious ... They are, in the court's opinion, sexually explicit.'
Martens, who passed a background check before moving to the Sunsport Gardens Family Naturist Resort, was investigated earlier this year after Homeland Security found inappropriate photos of his children on Vanaman's computer.
The Sunsport Gardens nudist colony was founded by Hugo Forester in 1965, as a 'happy place for all living things'.
He turned a 40-acre tomato farm into a tropical resort with swimming pools, saunas and volleyball facilities.
The family friendly resort has a community of permanent residents as well as cabins and camping facilities for visitors.
Everyone must have membership to the resort, which does background checks. Membership fees start at $487 for a year.
Nudity is expected, weather permitting, but in the pool and sauna everyone must be naked.
The resort reminds first-time visitors that it is polite to maintain eye contact and not 'gawk'.
Sunsport has no liquor license and smoking has been banned, though guests are asked to carry a towel to sit on at all times.
Written permission is needed before taking photos in communal parts of the resort.
Vanaman, the owner of A Shade of Grey Photography, is serving a 60-year sentence after pleading guilty to receiving and possessing child pornography.
An attorney for Martens has agreed that one of the photos was pornographic but argued that his client didn't know it existed and hadn't given permission for it to be taken when he hired Vanaman to take professional portraits.
' The girls have no clothes on … but they're not doing anything of a sexual nature,' Mr Eisenberg said. 'In the context that everybody in this family are naturists … these photos are not lewd or pornographic in any way.
Martens, who is raising his daughters alone, 'cried when he viewed the images,' Assistant U.S. Attorney Brandy Brentari Galler said.
Martens' daughters have been taken into protective custody.
Their mother lives in Illinois and was said to have supported their decision to live year-round in a nudist colony with their father.
He claimed he had only given permission for naturist photos to be taken, but an investigation of Martens' computer revealed he had signed releases and received more than 50 photos containing child pornography between 2010 and 2012, Mr Galler told the court.
Emails between Martens, Vanaman and a third unidentified man discussed the 'sensuality and sexuality' of the images, agents claimed.
Vetted: Sunsport Gardens' spokesman Morley Schloss says residents undergo background checks before being allowed to move to the Florida site
Martens also allegedly claimed his daughters 'opened doors' for him in the naturist community, investigators said.
None of the photos depicted sexual activity or adults abusing children, the agents said, adding that some of the photos showed scenes such as the girls baking cookies while naked.
Jailed: Leslie Grey Vanaman is serving a 60-year-sentence for child pornography
The prosecution argued however that images not shown in court were more disturbing, including ones of girls in 'sexually suggestive poses'.
The prosecution is arguing that the definition of child porn is images designed to evoke a sexual response and don't have to be explicit.
Martens' daughters are currently in foster care but they are expected to be returned to their mother.
Morley Schloss, spokesman for Sunsport Gardens, said the allegations against Martens and Vanaman were an isolated aberration.
'We investigate people, and Mr Martens had no record of any kind,' Mr Schloss said. 'We would never tolerate any exploitation.'
He told WPBF 25 after Vanaman's arrest that the photographer had passed a background check. The community also has strict rules about taking photographs in common areas.
Martens, who has pleaded not guilty, could face between 15 and 30 years in federal prison if convicted of the child porn production charge, and 5 to 20 years if convicted of receiving child pornography.
He has been kept in custody with bond after a judge ruled he was a flight risk and posed 'a clear risk of danger to the community, and specifically to his daughters'.
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Published by Associated Newspapers Ltd
Part of the Daily Mail, The Mail on Sunday & Metro Media Group
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