Does secretly photographing a nude minor in ordinary bathroom activities constitute 'sexually explicit conduct' under federal child pornography statutes?

QUESTION PRESENTED Section 2251(a) of Title 18 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)(v). The question presented, on which the circuits are split, 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 photographing a nude minor engaging in ordinary bathroom activities, when the images depict no sexual or sexually suggestive conduct of any kind? (D