No. 25-383

Mark Van Epern v. United States

Lower Court: Fourth Circuit
Docketed: 2025-10-01
Status: Denied
Type: Paid
Response Waived
Tags: child-pornography criminal-law federal-statute minor-protection sexual-exploitation statutory-interpretation
Latest Conference: 2025-11-07
Question Presented (AI Summary)

Whether a defendant 'uses' a minor to engage in 'sexually explicit conduct' by surreptitiously recording the minor nude during innocent activities, and whether courts should continue to rely on the Dost test to determine 'lascivious exhibition'

Question Presented (OCR Extract)

(1) Whether a defendant “uses” a minor to engage in “sexually explicit conduct” under 18 U.S.C. § 2251(a) by surreptitiously recording the minor nude during innocent, everyday activities such as dressing or bathing, without the minor’s knowledge or participation in any sexualized conduct. (2) Whether courts should continue to rely on the multi-factor “ Dost test” to determine whether a visual depiction constitutes a “lascivious exhibition” under 18 U.S.C. § 2256(2)(A), when the test permits consideration of the viewer’s subjective intent rather than focusing on the objective conduct of the minor, in tension with this Court’s precedent.

Docket Entries

2025-11-10
Petition DENIED.
2025-10-15
DISTRIBUTED for Conference of 11/7/2025.
2025-10-10
Waiver of United States of right to respond submitted.
2025-10-10
Waiver of right of respondent United States to respond filed.
2025-09-29
Petition for a writ of certiorari filed. (Response due October 31, 2025)

Attorneys

Mark Van Epern
Noell Peter TinTin Fulton Walker & Owen, PLLC, Petitioner
Noell Peter TinTin Fulton Walker & Owen, PLLC, Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent