Whether the Court should resolve the following question for which there is a clear circuit split: can a defendant be convicted pursuant to 18 U.S.C. § 2251 if the video that is the basis for the charge merely shows a minor engaging in innocuous conduct – such as going to the bathroom – and the defendant does not "edit" the video to create a "lascivious exhibition of the genitals or pubic area" of the minor depicted in the video?

Whether a defendant can be convicted under 18 U.S.C. § 2251 for a video showing a minor engaging in innocuous conduct without editing the video to create a lascivious exhibition