Keith Prescott Gace v. United States
JusticiabilityDoctri
Should a jury or court consider the Dost factors when determining whether a visual depiction of a minor constitutes a 'lascivious exhibition' for purposes of federal criminal statutes prohibiting child pornography?
QUESTION PRESENTED 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 minor constitutes a “lascivious exhibition” for purposes of federal criminal statutes prohibiting, among other things, the production or possession of child pornography, as the majority of federal courts of appeals have held, or should the Dost factors not be used because they are in conflict with this Court’s precedent and/or lack any basis in the text of the relevant statutes, as the First, Seventh, and D.C. Circuits and Tennessee Supreme Court have held? i