Prosecutors in the “sanctuary state” of Maryland are dropping sexual offense charges against the illegal aliens accused of sexually assaulting a 14-year-old girl in a high school bathroom. The Rockville High School freshmen now face charges of distribution of child pornography.

Montgomery County State’s Attorney John McCarthy told reporters “The facts no longer support the original charges filed,” the Washington Post reported. Prosecutors are now focusing their efforts on allegations of child pornography distribution after police found images of the victim on both suspects’ cell phones.

Defense attorneys appeared to admit to the crime, telling the Washington, D.C. newspaper the girl willingly shared the images with one of the defendants. The images were then passed along to the other, they said.

Henry Sanchez Milian’s attorney, Andrew Jezic, attempted to downplay the potential new charges saying, “it is hardly uncommon behavior for teenagers.” Defendant Jose Montano’s attorney, Maria Mena, appeared to deflect to her 17-year-old client’s co-defendant, saying the child pornography charges are made to go after adults, the Washington Post reported. Sanchez Milian 18-years old and legally an adult.

The national public outcry after the alleged oral, vaginal, and anal rape became public in March was called “racist” and “xenophobic” by Montgomery County Public School Superintendent Dr. Jack Smith.

If convicted, Sanchez Milan could face a sentence of five years in prison for child porn distribution charges. The younger Montano could face up to 10 years in prison for possession and distribution of pornography.

Lawmakers in various states have been debating how to deal with the issue of teenagers sexting photos of their underage classmates, Breitbart News reported.

In the lead up to filing sexual assault charges, law enforcement investigators reported the young teen said she cried out in pain and begged them to stop. A forensic investigator found blood and bodily fluids in the boys’ bathroom.

Sanchez-Milan’s attorney countered that the young girl “actively planned a sexual encounter,” and a school video showed the girl and the 17-year-old accused teen walking into the bathroom together.

Director of Policy Jessica Vaughan of the Center for Immigration Studies (CIS) told Breitbart News’ Katie McHugh, “The only reason the older youth, Sanchez Milian, was in the country at all was because of the Obama administration’s catch and release policies that allowed him to be resettled in Maryland (with the support of taxpayers), with few questions asked.”

“Few groups of illegal immigrants have left such a violent mark in our community as these so-called unaccompanied minors—they are almost like modern day Marielitos (the Cuban inmates released by Fidel Castro decades ago),” she added. “Dozens have been arrested for violent crimes in Maryland, New York, Massachusetts, Virginia, and Texas.”

Eighteen-year-old Henry Sanchez Milian, an El Salvadorian national, and 17-year-old Jose Montano from Guatemala were enrolled as freshmen at the high school.

As reported by Breitbart News:

The 1982 Supreme Court Case Plyler v. Doe forbids public schools from withholding taxpayer funding from illegal aliens, allowing them to enroll in schools meant to educate citizens’ children. As Breitbart News has reported, illegal aliens and their children are entitled to U.S. taxpayer-funded educations in spite of breaking many U.S. laws. American communities are forced to divert nearly $60 billion in funding each year from their own children to illegals, foreign-born students, refugees, and U.S.-born children of illegals granted citizenship by a footnote in the 5-4 Doe ruling.

Milian was encountered by border patrol agents in the Rio Grande Valley in Texas in August 2016 before the alleged rape on March 16, 2017. He was turned over to the custody of his father. The 18-year-old had a “pending alien removal” case against him, but he was nevertheless allowed to enroll at Rockville High School.

U.S. Immigration and Customs Enforcement (ICE) officers detained Henry Sanchez’ father, 43-year-old Adolfo Sanchez-Reyes, after determining the Guatemalan to be an illegal alien, reported Breitbart News on March 27. Sanchez-Reyes is being held at the Howard County Detention Center.

Breitbart News reported in 2014 that Montgomery County had been one of the “’ most prominent’ sanctuary cities in the country.”

On March 27, U.S. Attorney General Jeff Sessions urged the state of Maryland to abandon any plans to make Maryland a so-called “sanctuary state.” On March 21, the largely Democrat Maryland House of Delegates approved the Maryland Law Enforcement and Trust Act which would prevent police officers from asking a suspect about their immigration status. It would prevent police officers from giving illegal aliens to federal authorities unless “required by federal law.” Officers would also have to get a warrant before complying with an ICE detainer request. As reported by Breitbart News, Maryland’s Republican Governor Larry Hogan threatened to veto the bill.

On Friday, ICE confirmed they are seeking to deport Sanchez Milan to Guatemala, reported the Washington Post. Even though they do not have him in federal custody, ICE has issued a detainer. Montgomery County officials confirmed they will honor the ICE detainer because of the child pornography distribution charges.

Editor’s Note: This article has been updated.

Bob Price serves as associate editor and senior political news contributor for Breitbart Texas. He is a founding member of the Breitbart Texas team. Follow him on Twitter @BobPriceBBTX and Facebook.