Suspects Deny Making Child Porn

SACRAMENTO (CBS13) -- A man accused of making child pornography with his wife said he never expected authorities to interpret his photos as something illegal.

The Sacramento Police Department said they arrested two people after finding pornography depicting a victim under 3 years old engaging in a sexual act with an adult.

The male suspect, identified as Jose Martinez, was an unregistered sex offender and had been convicted of assaulting an ex-girlfriend, authorities said.

Correctional officers tipped off police after discovering the photos being sent to an inmate by mail, allowing investigators to trace the material back to the suspects' Sacramento home, where they found more allegedly illicit pictures.

In a jailhouse interview, Martinez said the photos were innocent snapshots of his wife bathing their young child.

"We wife took a picture when I was playing with him," Martinez said though a translator. "She was bathing him and I was kissing his chest and legs."

Other photos showed Martinez tickling the boy, but none of the pictures had "bad intentions," he said.

"That photo, they are looking at it in a different way than what I was thinking," Martinez said. "I didn't think I was doing anything inappropriate."

Child protective services took two children under 3 years old into custody.

The male suspect is facing five felony charges, including creating child pornography and oral copulation with a minor.