1. This case presents an important issue concerning the interpretation of the child pornography statutes that has caused a circuit split. At issue is the scope of "sexually explicit conduct," which is defined under 18 U.S.C. § 2256(2)(A) in part as the "lascivious exhibition of the anus, genitals, or pubic area of any person." A finding that a depiction contains "sexually explicit conduct" is a necessary element for conviction under several federal child pornography statutes, including the two for which Mr. Taylor challenges his conviction here: (1) child sexual exploitation under 18 U.S.C. § 2251(a); and (2) distribution of child pornography under 18 U.S.C. § 2252A(a)(2)(B).

Whether the definition of 'sexually explicit conduct' under 18 U.S.C. § 2256(2)(A) requires proof of sexual desire or intent when determining if an image constitutes child pornography