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 secretly recording a nude minor engaging in ordinary daily activities, when the videos and images depict 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.” “[S]exually explicit conduct” is defined to include “lascivious exhibition of the anus, 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 a depiction of a minor engaging in “lascivious exhibition,” and thus “sexually explicit conduct” under 18 U.S.C. § 2251(a), by secretly recording a nude minor engaging in ordinary daily activities, when the videos and images depict absolutely no sexual or sexually suggestive conduct of any kind?