DueProcess FifthAmendment FirstAmendment HabeasCorpus Privacy JusticiabilityDoctri
Whether the federal prosecution for sexual exploitation of a minor is unconstitutional as applied to a legally married couple under state law
1. Whether the federal prosecution of Petitioner for sexual exploitation of a minor under 18 U.S.C. §§ 2251(a), 2423(a), and 2252A(a)(2) is unconstitutional as applied, where Petitioner and his legally recognized spouse under Kentucky law were married at the time in question, the spouse was of sufficient age to consent under Kentucky law, and the federal statutes fail to provide an exception for marital relationships, in violation of the Fifth and Tenth Amendments. 2. Whether Petitioner was denied effective assistance of counsel under the Sixth Amendment given the constitutional infirmities discussed throughout.