No. 23-625

Tel James Boam v. United States

Lower Court: Ninth Circuit
Docketed: 2023-12-11
Status: Denied
Type: Paid
Amici (1) Experienced Counsel
Tags: child-pornography circuit-split criminal-statute due-process lascivious-exhibition minor-protection sexually-explicit-conduct statutory-interpretation visual-depiction
Latest Conference: 2024-04-12
Question Presented (from Petition)

Does a defendant produce or possess a depiction involving the use of a minor engaging in "lascivious exhibition," and thus "sexually explicit conduct," under 18 U.S.C. §§ 2251(a), 2252A, and 2256(2)(A), by secretly recording a nude minor showering or engaging in ordinary grooming activities, when the video depicts absolutely no sexual or sexually suggestive conduct of any kind?

Question Presented (AI Summary)

Does a defendant produce or possess a depiction involving the use of a minor engaging in 'lascivious exhibition,' and thus 'sexually explicit conduct,' under 18 U.S.C. §§ 2251(a), 2252A, and 2256(2)(A), by secretly recording a nude minor showering or engaging in ordinary grooming activities, when the video depicts absolutely no sexual or sexually suggestive conduct of any kind?

Docket Entries

2024-04-15
Petition DENIED.
2024-03-27
DISTRIBUTED for Conference of 4/12/2024.
2024-03-25
2024-03-11
Brief of respondent United States in opposition filed.
2024-01-26
Motion to extend the time to file a response is granted and the time is further extended to and including March 11, 2024.
2024-01-25
Motion to extend the time to file a response from February 9, 2024 to March 11, 2024, submitted to The Clerk.
2024-01-10
Brief amici curiae of Federal Public and Community Defender Organizations of the Ninth Circuit filed.
2024-01-09
Motion to extend the time to file a response is granted and the time is extended to and including February 9, 2024.
2024-01-05
Motion to extend the time to file a response from January 10, 2024 to February 9, 2024, submitted to The Clerk.
2023-12-07

Attorneys

Federal Public and Community Defender Organizations of the Ninth Circuit
Stephen Reese SadyOregon Federal Public Defender, Amicus
Tel James Boam
E. Joshua RosenkranzOrrick, Herrington & Sutcliffe LLP, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent