After a motion made by defense attorney Amanda Dunn, one of the three charges against Randy Sweeney was dropped during his federal trial on Wednesday.
A jury will still determine on Thursday if Sweeney is guilty of sexual exploitation of children and illegal possession of a firearm.
However, Judge Sandy Mattice dropped a second charge that involved a defendant using interstate commerce to engage a minor in sexual activity.
Attorney Dunn's motion asked for an acquittal of all charges.
For the first, she said the witness gave "confusing testimony."
Judge Mattice replied, "I'm not going to weigh the credibility of witnesses," saying he was going to let the jury determine that.
Prosecutor Jay Woods said the law was not based on how the witness interpreted the situation but on the intent of the defendant.
Attorney Dunn said, "I think the government is stretching to establish that they've in some way proved intent."
She also said of the alleged victim, "By her own admission, she started this horrible conversation."
After the prosecution rested its case on Wednesday morning, the defense brought in one witness.
Melanie Goins, a legal assistant who formerly worked in professional legal investigations, said she spoke to the alleged victim after the arrest of Sweeney as part of the investigation.
She said the girl told her she could not be certain whether the Facebook messages were actually from Sweeney or from her boyfriend using Sweeney's account.
At the time, her boyfriend, a sibling of Sweeney's wife, was often at their residence.