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Published November 26 2012

Federal court upholds child porn conviction

FARGO – A federal appeals court has upheld the conviction of a West Fargo man who was convicted and sentenced last year on charges of possessing child pornography and sexually exploiting children.

Scott Thomas Boyle, 41, of West Fargo, was sentenced on December 2011 in U.S. District Court to 15 years in federal prison, followed by a lifetime of supervised release.

In an opinion passed down on Monday, the judge panel from the 8th District of the U.S. Court of Appeals slapped down Boyle’s appeal.

A 12-person jury found the West Fargo man guilty of secretly videotaping two minor girls in the bathtub and while they were playing naked in a bedroom in his home. One of the girls was born in 2003 and the other in 1995. More than 100 minutes of video footage, taken between 2006 and 2010, was found.

Boyle was also convicted of possessing photographs of child pornography depicting one of the girls.

In his appeal, Boyle argued in part that certain trial proceedings violated his constitutional rights and that the video and images were not sexually explicit.