The charges stem from a Spring Break 2003 shoot in which two 17-year-old girls were featured performing in a shower scene.
The two girls allege that they were enticed aboard with clothes and alcohol. After they became intoxicated, they claim they were coerced by Francis into performing after he promised the footage would not be used for commercial purposes.
Francis' attorneys Aaron Dyer and Larry Simpson filed three motions in March to dismiss these charges on the grounds that Francis did not know the ages of the girls being filmed, nor was he present during the shoot.
Judge Dedee Costello ruled that the charge is a "strict liability crime" that doesn't require a defendant to have criminal intent — which means whether or not Francis knew the girls' ages is irrelevant to the case.
Francis could face up to 40 years in prison if convicted. He remains in a Reno jail under tax evasion charges filed in April.
