lascivious-exhibition
19 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6223 | Daniel Kroeker v. United States | Tenth Circuit | 2025-11-24 | Pending | Response RequestedResponse WaivedIFP | child-pornography criminal-statute dost-factors jury-instruction lascivious-exhibition sexual-offense | Whether, in a non-production child-pornography prosecution under 18 U.S.C. § 2252A(a)(2), a trial court should define the phrase "lascivious exhibitio… |
| 25A592 | William Dahl v. United States | Eighth Circuit | 2025-11-18 | Application | child-pornography circuit-split dost-factors lascivious-exhibition minor-genitals statutory-interpretation | Question not identified. | |
| 24-7203 | Michael Inzitari v. Connecticut | Connecticut | 2025-05-14 | Denied | Response WaivedIFP | appellate-split child-pornography constitutional-review dost-factors lascivious-exhibition sexual-conduct | When the six factors of United States v. Dost, 636 F. Supp. 828 (S.D. Cal. 1986), are read to a jury as the means of obtaining a conviction solely bas… |
| 24A844 | Elroy Wilkerson v. United States | Fifth Circuit | 2025-03-03 | Presumed Complete | child-sexual-abuse-material dost-factors first-amendment lascivious-exhibition sexually-explicit-conduct statutory-interpretation | Question not identified. | |
| 24-6000 | Rafael Antonio Bracero-Navas v. United States | Eleventh Circuit | 2024-11-19 | Denied | Response WaivedIFP | child-pornography circuit-split federal-criminal-law lascivious-exhibition minor-protection statutory-interpretation | 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 … |
| 24-170 | Jake Delahney Taylor v. United States | Fifth Circuit | 2024-08-16 | Denied | Response Waived | child-pornography circuit-split federal-criminal-law lascivious-exhibition statutory-interpretation visual-depiction | Do the statutory terms "visual depiction" and "lascivious exhibition" refer to the same, or different things? |
| 24A1 | Jake Delahney Taylor v. United States | Fifth Circuit | 2024-07-03 | Presumed Complete | child-pornography circuit-split first-amendment lascivious-exhibition sexually-explicit-conduct statutory-interpretation | 1. This case presents an important issue concerning the interpretation of the child pornography statutes that has caused a circuit split. At issue is … | |
| 23-803 | Shannon Donoho v. United States | Seventh Circuit | 2024-01-25 | Denied | Relisted (4) | child-pornography circuit-split due-process federal-criminal-statute lascivious-exhibition minor-protection secret-recording sexually-explicit-conduct visual-depiction | 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), b… |
| 23-6481 | Ashley Nichole Kolhoff v. United States | Fourth Circuit | 2024-01-12 | Denied | IFP | child-pornography constitutional-rights criminal-intent criminal-law due-process fair-trial intent lascivious-exhibition statutory-interpretation | Did this impermissible expansion of the scope of the federal child pornography statutes, in direct contravention of both the holdings of this Court an… |
| 23-625 | Tel James Boam v. United States | Ninth Circuit | 2023-12-11 | Denied | Amici (1) | child-pornography circuit-split criminal-statute due-process lascivious-exhibition minor-protection sexually-explicit-conduct statutory-interpretation visual-depiction | Does a defendant produce or possess a depiction involving the use of a minor engaging in "lascivious exhibition," and thus "sexually explicit conduct,… |
| 22-7818 | Marshall M. Cohen v. United States | Fourth Circuit | 2023-06-20 | Denied | Response WaivedIFP | 18-usc-2256 child-pornography circuit-split creator's-intent federal-criminal-law four-corners-of-image intent-context lascivious-exhibition statutory-interpretation | Whether lasciviousness under 18 U.S.C. § 2256(2)(A)(v) may be found by examining the context in which the image was produced or the creator's intent, … |
| 21-7259 | Keith Prescott Gace v. United States | Fifth Circuit | 2022-03-02 | Denied | IFP | child-pornography circuit-split d-c-circuit dost-factors federal-criminal-law first-amendment judicial-precedent lascivious-exhibition seventh-circuit statutory-interpretation | As a matter of statutory interpretation, should a jury or court consider the so-called Dost factors when determining whether a visual depiction of a m… |
| 21-6934 | Donnie Barnes, Sr. v. United States | Ninth Circuit | 2022-01-21 | Denied | IFP | child-pornography circuit-split dost-factors federal-criminal-law lascivious-exhibition model-jury-instructions statutory-interpretation | The question presented is whether an instruction on the Dost factors authorizes a conviction for production of child pornography on broader grounds th… |
| 20-7460 | Carlos Rodriguez Fernandez v. United States | Eleventh Circuit | 2021-03-16 | Denied | IFP | child-pornography context-test due-process first-amendment four-corners-test jury-instruction lascivious-exhibition | To comport with the First Amendment and Due Process in determining whether an image of a child acting innocently constitutes child pornography, must c… |
| 20-1193 | Christopher G. Lee v. United States | Third Circuit | 2021-03-01 | Denied | Response Waived | 18-usc-chapter-110 child-pornography constitutional-rights criminal-statute due-process first-amendment image-cropping ineffective-assistance-of-counsel lascivious-exhibition minor-image sexually-explicit-conduct | 1. Can innocent, concededly non-sexual conduct of a minor, depicted in an image, be retroactively converted into the "use or employment" of a minor to… |
| 19-6187 | Jon Kaiser v. United States | Ninth Circuit | 2019-10-07 | Denied | Response WaivedIFP | affiant-misconduct affidavit child-pornography civil-rights due-process fourth-amendment judicial-review lascivious-exhibition magistrate-judge probable-cause search-and-seizure search-warrant | When an agent-affiant intentionally or recklessly omits the images of purported child pornography from a search warrant application in a case alleging… |
| 19-428 | Ryan Courtade v. United States | Fourth Circuit | 2019-10-01 | Denied | 18-usc-2252 18-usc-2256 appellate-review child-pornography child-pornography-statute circuit-split due-process lascivious-exhibition standard-of-review statutory-interpretation subjective-intent | 1. When reviewing a district court's conclusion that an image depicts a "lascivious exhibition" under 18 U.S.C. 2256(2)(A), must the appellate court r… | |
| 18-9411 | Steven Douglas Rockett v. United States | Ninth Circuit | 2019-05-24 | Denied | IFP | beyond the objective meaning of those words misconstrued the plain language of the statute an child-pornography constitutional-overbreadth constitutional-vagueness definitional-overbreadth definitional-vagueness dost-factors due-process judicial-construction lascivious-exhibition ninth-circuit-precedent overbreadth statutory-construction statutory-interpretation vagueness | Whether the judicial construction of "lascivious exhibition" of the genitals or pubic area of a minor in 18 U.S.C. § 2256(2)(A)(v) to include consider… |
| 18-7007 | Ronald T. Spoor v. United States | Second Circuit | 2018-12-13 | Denied | Response WaivedIFP | 18-usc-2256 child-pornography civil-rights due-process equal-protection lascivious-exhibition racial-discrimination rule-414 school-desegregation sexual-proclivities standing uncharged-crimes | 1. Must a video be considered in its totality, as opposed to a brief isolated snippet, in determining whether it is a "lascivious exhibition of the ge… |