ALCORN COUNTY, Miss. (WTVA) - A federal judge has denied a request to dismiss charges in an exploitation case against an Alcorn County man.
The attorney for Micah Wilbanks says facts in the case do not meet the letter of the law for sexual exploitation of a minor.
Wilbanks, 29, was arrested last month and later indicted by federal grand jury for videotaping taping students in the locker room at Kossuth Middle School.
Wilbanks worked at the school at a teacher and coach.
His attorney says at no time did Wilbanks attempt to have sexual or physical contact with the students.
The motion also says the videos taking of the children are of them undressing but not involved in "lascivious behavior."
The also claim there is no nudity in the video taken using a cell phone.
In the ruling issued Thursday afternoon, Judge Glen Davidson says the indictment also used the word "attempt".
Judge Davidson says the only way to know intent is for the evidence to be fully presented in court.