Matthew McCoy v. United States

18 U.S.C. § 2251(a) makes it a crime to “use[] … any minor to engage in … any sexually explicit conduct for the purpose of producing any visual depiction of such conduct.” “[S]exually explicit conduct” is defined to include “lascivious exhibition of the … genitals[] or pubic area of any person.” 18 U.S.C. § 2256(2)(A). The question presented, on which there is an acknowledged circuit conflict, is: 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?