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Jamar M. Davis v. United States

Paid petition · United States Court of Appeals for the Armed Forces, No. 26-0058 · judgment March 17, 2026


Certiorari denied · October 5, 2026
Pre-decision estimate: 6% cert probability (95% interval 2%–20%)

Before the decision, about 1.5× the 4.1% base rate. The model weighted this up for the Court of Appeals for the Armed Forces below, a petition citing three to ten dissents, and a petition filed soon after the judgment below.

Question presented

Together, 10 U.S.C. §§ 920b(c) and 920b(h)(5)(B) impose criminal liability for “commit[ting] a lewd act upon a child” by “intentionally exposing one’s genitalia . . . to a child by any means, including via communication technology, with an intent to abuse, humiliate, or degrade any person, or to arouse or gratify the sexual desire of any person.” (emphasis added). J.R., a minor, reached out to Petitioner on Snapchat, unsolicited, and immediately launched into sexually-charged banter with him. Believing he was interacting with an adult, Petitioner responded with explicit images of himself. However, the lower court concluded his belief that he was communicating with an adult was “irrelevant” because “‘the underlying crime is properly deemed a strict liability offense.”’ App.17 (quoting United States v. Gifford, 75 M.J. 140, 142 (C.A.A.F. 2016) (citing Liparota v. United States, 471 U.S. 419, 443 n.7 (1985) (White, J., joined by Burger, C.J., dissenting))). The question presented is: Whether subsections (d)(1) and (d)(2) of 10 U.S.C. § 920b (2024) relieve the Government of the burden of proving the specific intent required for “intentionally exposing . . . genitalia . . . to a child.”

Counsel of record

For petitioner
Christopher Coli McMahon
United States Navy, JAG Corps

For respondent
D. John Sauer
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, October 5, 2026 · Certiorari denied

Proceedings

  1. Oct 05 2026
    Petition DENIED.
  2. Jul 15 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jul 10 2026
    Waiver of right of respondent United States to respond filed.
  4. Jun 12 2026
    Petition for a writ of certiorari filed. (Response due July 17, 2026)