A millionaire accused of making child pornography with two teenage girls has said that he thought the alleged victims were of-age women who worked at a strip club . Burton Gersh , 69 , from Cherry Hill , New Jersey , is accused of producing hundreds of sexually explicit photos of two girls , aged 16 and 17 , in his lavish mansion beginning in 2010 . He asked a federal judge to allow a 'mistake-of-age defense ' in his pending trial in which he faces pornography charges . Burton Gersh ( pictured above ) is accused of producing hundreds of sexually explicit photos of two girls , aged 16 and 17 , in his lavish mansion beginning in the fall of 2010 with accomplice Les Sidweber . The former seafood wholesaler also requested in a motion filed in federal court that jurors know the girls engaged in prostitution , according to USA Today . A federal prosecutor is reportedly fighting both requests . 'The alleged victims appeared to be over the age of 18 and both were strippers in a club in Philadelphia , presumably fooling a legitimate business about their age , ' the motion from Gersh 's attorney , Michael Engle , said . The motion adds that Gersh 'may not have reasonably been able to ascertain the alleged victims ' ages because of their misrepresentations , physical appearance and stated occupation ' . 'At least one ' of the girls was given a release form to sign before the photo school , the motion said . Signing the motion would indicate 'that she was 18 years of age or older ' . Gersh and his accomplice , photographer Les Sidweber , 73 , were arrested and have been in federal custody since November 3 . Their trial is set for May 19 . One of the girls was allegedly approached while walking out of her school in her school uniform and encouraged to go to one of the defendant 's houses for a modeling shoot . First Assistant U.S. Attorney Louis Lappen told CBS Philadelphia in November . One of the victims said that she was approached while walking out of school in her school uniform and encouraged to go to one of the defendant 's houses for a modeling shoot . Illicit pictures show characteristics of Gersh 's home , pictured above , investigators said . The criminal complaint filed in U.S. District Court claims that Gersh and Sidweber paid for the two Pennsylvania girls to come to their homes , strip naked and perform sex acts on one another and on Gersh . 'Once these men earned the trust of these victims , they exploited them on multiple occasions , ' Lappen said . The illicit pictures show identifiable characteristics of Gersh 's home , including one with a backyard gazebo that featured a sign 'Welcome to the Gershs ' , investigators told CBS Philadelphia . The defense claims that knowledge of the ages of the girls is crucial if Gersh is found guilty of 'purposefully ' producing the child porgography . Assistant U.S. Attorney Michelle Morgan , however , said the mistake-of-age defense should not be taken into account . 'Knowledge that the victim was under the age of 18 is not an element of the crime , ' Morgan said in a motion . She also said that allowing testimony on the victims ' sexual experiences would be irrelevant and 'can only be used to cast aspersions on the character of the victims ' . Gersh and Sidweber face 15 years in prison if convicted .
Burton Gersh , 69 , and accomplice , photographer Les Sidweber , 73 , were arrested in November on pornography charges dating back to fall 2010 . Gersh allegedly produced sexually explicit photos of girls , aged 16 and 17 . He asked a federal judge to allow 'mistake-of-age ' defense in trial . He also requested that jurors know the girls engaged in prostitution . One of the victims claimed in November she was approached by one of the defendants while walking out of her school in school uniform .