Does a defendant produce or possess a depiction involving the use of a minor engaging in 'lascivious exhibition,' and thus 'sexually explicit conduct,' under 18 U.S.C. §§ 2251(a), 2252A, and 2256(2)(A), by secretly recording a nude minor showering or engaging in ordinary grooming activities, when the video depicts absolutely no sexual or sexually suggestive conduct of any kind?

QUESTION PRESENTED 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.” 18 U.S.C. § 2252A makes it a crime to possess “child pornography,” which § 2256(8) defines as a “visual depiction” involving “the use of a minor engaging in sexually explicit conduct.” “Sexually explicit conduct” in these provisions is defined, in turn, 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 or possess a depiction involving the use of a minor engaging in “lascivious exhibition,” and thus “sexually explicit conduct,” under 18 U.S.C. §§ 2251(a), 2252A, and 2256(2)(A), by secretly recording a nude minor showering or engaging in ordinary grooming activities, when the video depicts absolutely no sexual or sexually suggestive conduct of any kind?