NORFOLK (AP) -- A judge has dismissed a profanity charge against Raymond "Boots" Riley, a rapper accused of using obscenity during a concert in June.

Riley didn't appear in court Wednesday. He was charged after using a form of the F-word while performing with the band Galactic at the Bayou Boogaloo and Cajun Festival in Norfolk. But the city attorney's office said the statute cited in the charge was unconstitutional.

Karen Scherberger, head of the event's sponsor, said that Galactic had been warned against using obscene language. Riley has said that profanity is often part of his performances and he wasn't warned not to curse.

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