No. 24-6000

Rafael Antonio Bracero-Navas v. United States

Lower Court: Eleventh Circuit
Docketed: 2024-11-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: child-pornography circuit-split federal-criminal-law lascivious-exhibition minor-protection statutory-interpretation
Latest Conference: 2025-01-10
Question Presented (from Petition)

Does a defendant produce a depiction of a minor engaging in "lascivious exhibition," and thus "sexually explicit conduct" under 18 U.S.C. 2251(a), by secretly photographing a nude minor engaging in ordinary bathroom activities, when the images depict no sexual or sexually suggestive conduct of any kind?

Question Presented (AI Summary)

Does secretly photographing a nude minor in ordinary bathroom activities constitute 'sexually explicit conduct' under federal child pornography statutes?

Docket Entries

2025-01-13
Petition DENIED.
2024-12-05
DISTRIBUTED for Conference of 1/10/2025.
2024-11-29
Waiver of right of respondent United States to respond filed.
2024-10-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 19, 2024)
2024-10-01
Application (24A310) granted by Justice Thomas extending the time to file until November 11, 2024.
2024-09-27
Application (24A310) to extend the time to file a petition for a writ of certiorari from October 10, 2024 to November 11, 2024, submitted to Justice Thomas.

Attorneys

Rafael Antonio Bracero-Navas
Matthew D. CavenderOffice of the Federal Defender (MDFL), Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent