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But it is likely that any line drawn by the courts will be blurred, given the differing circumstances and venues of the three cases to be decided in the coming months: The first, scheduled to go to trial on July 22, involves a “mom and pop” site run by an Arkansas couple that featured their 12-year-old daughter.

Sheriff’s deputies officers who served a search warrant on the home of James and Donna Cummings of Magazine, Ark., in October 2001 found a videotape featuring the daughter that a prosecutor described as “significantly more explicit” than the cheesecake-style photos of her that were posted on the site.

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‘EROTIC NUDITY’ AT ISSUE The case against Grady will largely rest on a section of a Colorado state law prohibiting sexual exploitation of children that deals with “erotic nudity,” which it defines as the display of genitals, pubic area or the breast area “for the purpose of real or simulated overt sexual gratification or stimulation.” Prosecutors say that Grady, who has a criminal record that includes theft, fraud and contempt-of-court convictions, mingled his professional glamour photography business with hard-core adult porn and teen “model” sites.

The 886 counts filed against him include four violations of the law for each of the 220 photos featuring 13 underage girls that prosecutors say were found in Grady’s offices and on his computers.

Grayson Robinson, the undersheriff of Arapahoe County, who was involved in the April 5 raid on Grady’s businesses, told that the photos featured both “full nudity …

and kind of opaque nudity through sheer clothing.” Grady’s attorney, Andrew Contiguglia, hinted during a preliminary hearing on May 29 that he will argue that the photos were fashion photos that had artistic merit, telling the court, “I have not heard anything related to sexual purpose.” The artistic merit argument has been used successfully by a number of photographers to defend their images of nude or partly nude children.

After asking the FBI to investigate the sites, the congressman announced in March that he would introduce a bill that would ban sites that “do not promote products or services beyond the child.” But Jeffrey J.

Douglas, chairman of the board of the Free Speech Coalition, an adult-industry trade association, said such an approach is “utterly unconstitutional” as well as unnecessary. “If there are Web sites that are literally promoting child porn, those laws already exist.

The majority of the sites do not feature nudity or overtly sexual material, but the cases currently in the courts indicate that some operators are happy to push the envelope. Mark Foley, R-Fla., and Nick Lampson, D-Texas — have introduced legislation to crack down on the sites, which they say appeal to and are likely to encourage pedophiles. don’t sell products, they don’t sell services — all they serve are young children on a platter for America’s most depraved,” Foley said in March in announcing the legislation, which an aide said would likely have its first hearing in September.