A Kentucky judge has dropped a child pornography charge against a man who ordered sex dolls resembling an infant and a 6 to 8-year-old girl.

WCPO-TV reported Wednesday that Judge Douglas Grothaus dismissed the charge of having an item portraying a sexual performance by a minor, saying there was no actual child involved. Kenton Commonwealth Attorney Rob Sanders says he may appeal the case, which he says is a first for his office.

Citing court records, WXIX-TV reports police tracked a package from China to 41-year-old Scott L. Phillips' home, where they served a search warrant and found the anatomically correct female dolls. He also was charged with marijuana possession.

Federal legislation called the Curbing Realistic Exploitative Electronic Pedophilic Robots Act would ban child sex dolls and is being considered.