CHICORA — A Butler Township woman is headed for trial on charges she distributed a photograph of a woman's exposed breast to at least two other people via cellular device.

District Judge Lewis Stoughton on Tuesday ordered 19-year-old Emily R. Eichenlaub held for court on two misdemeanor counts of distributing obscene material.

Stoughton made his ruling at Eichenlaub's preliminary hearing despite her attorney's argument that her alleged actions did not fit the statute.

“The picture,” said attorney William Bickerton of Pittsburgh, “does not rise to the level of being obscene.”

The investigation began Nov. 24 when the alleged victim reported that a photograph displaying her breast had been transmitted to multiple people through cellular devices, Trooper Vincent Canzoneri testified at the hearing.

According to court documents, Garrett L. Goslaw, 21, of Summit Township took the photo in July, while the woman was sleeping.

Goslaw claimed in an interview with police that he took the photo “by accident,” but saved it.

Canzoneri said he also interviewed Eichenlaub at her home. She admitted using her cell phone to take a screenshot of the original photo.

She is accused of distributing the photo to at least two others in a “fit of jealousy,” documents said.

During his closing argument Bickerton claimed the photo is not obscene as defined by state law.

Citing the statute, he said any material or performance is “obscene” if:

The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest;

The subject matter depicts or describes in a patently offensive way, sexual conduct of a type described in this section;

The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.

Bickerton said all three listed “prongs” must be met to constitute “obscenity.”

But Russ Karl, assistant district attorney, disagreed, arguing that only one of the “prongs” was needed.

“I definitely find it obscene and offensive,” Karl said. “The trooper finds it obscene and offensive. The victim finds it obscene and offensive.”

Stoughton, in his ruling, said it was up to a Common Pleas Court judge or jury to decide if Eichenlaub broke the law.

Goslaw on Tuesday waived a preliminary hearing on his own charges in the case. He is charged with two misdemeanor counts of invasion of privacy.