No. 25-6223

Daniel Kroeker v. United States

Lower Court: Tenth Circuit
Docketed: 2025-11-24
Status: Pending
Type: IFP
Response RequestedResponse WaivedIFP Experienced Counsel
Tags: child-pornography criminal-statute dost-factors jury-instruction lascivious-exhibition sexual-offense
Key Terms:
FirstAmendment JusticiabilityDoctri
Latest Conference: 2026-01-09
Question Presented (from Petition)

Whether, in a non-production child-pornography prosecution under 18 U.S.C. § 2252A(a)(2), a trial court should define the phrase "lascivious exhibition" (codified in 18 U.S.C. § 2256(2)(A)(v)) by, inter alia, instructing the jury to consider (or not) a list of six optional factors (known as the Dost factors) that can be given whatever weight the jury decides, as well as whether the image "would appeal to persons who are sexually attracted to children."

Question Presented (AI Summary)

Whether, in a non-production child-pornography prosecution, a trial court should define 'lascivious exhibition' by instructing the jury to consider the Dost factors and whether the image would appeal to persons sexually attracted to children

Docket Entries

2026-02-13
Motion of United States for an extension of time submitted.
2026-01-23
Motion to extend the time to file a response is granted and the time is extended to and including February 27, 2026.
2026-01-22
Motion of United States for an extension of time submitted.
2026-01-22
Motion to extend the time to file a response from January 28, 2026 to February 27, 2026, submitted to The Clerk.
2025-12-29
Response Requested. (Due January 28, 2026)
2025-12-24
DISTRIBUTED for Conference of 1/9/2026.
2025-12-18
Waiver of right of respondent United States to respond filed.
2025-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 24, 2025)

Attorneys

Daniel Kroeker
Daniel Tyler HansmeierKansas Federal Public Defender's Office, Petitioner
United States
D. John SauerSolicitor General, Respondent