No. 24-380

Matthew McCoy v. United States

Lower Court: Eighth Circuit
Docketed: 2024-10-03
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: child-pornography criminal-intent federal-statute minor-protection sexual-exploitation video-recording
Latest Conference: 2024-11-08
Question Presented (from Petition)

Does a defendant produce videos depicting a minor engaged in "lascivious exhibition," and thus "sexually explicit conduct" under 18 U.S.C. § 2251(a), by secretly recording a nude minor in the bathroom engaged in innocent daily activities like getting in and out of the shower?

Question Presented (AI Summary)

Does secretly recording a nude minor in the bathroom engaged in innocent daily activities constitute 'sexually explicit conduct' under 18 U.S.C. § 2251(a)?

Docket Entries

2024-11-12
Petition DENIED.
2024-10-23
DISTRIBUTED for Conference of 11/8/2024.
2024-10-17
Waiver of right of respondent United States to respond filed.
2024-10-01

Attorneys

Matthew McCoy
E. Joshua RosenkranzOrrick, Herrington & Sutcliffe LLP, Petitioner
United States
Elizabeth B. Prelogar — Respondent