Kongs

Eric John Kongs was charged with the crimes of annoying or molesting a minor, using a minor to pose for visual depictions of sexual conduct, and possessing child pornography.

After Kongs was held to answer by a magistrate, the superior court set aside the information. We find that there was sufficient evidence to support the magistrate’s ruling, and reverse the order setting aside the information.

Facts

Kongs encountered the victim in this case, Amanda C., at “family photo shoots.” These are events at which numerous photographers take pictures of models of varying ages so that both the photographers and the models can develop portfolios. Amanda started posing as a model at photo shoots when she was nine years old.

Kongs photographed Amanda when she was 10 or 11 years old. His photography made her uncomfortable. Kongs would ask her to sit on a fence rail or playground attraction and spread her legs apart. He also instructed her to put a finger on her chin and her other hand on her waist, in a suggestive manner. Sometimes, he would ask her to perform cartwheels or flips. Kongs would focus his camera on the area below her waist. He did not point the camera at her face.…