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Unpublished Decisions

By Shari Allison

U.S. v. Helton, 2008 WL 5206276 (12/15/08) (unpub'd) - Video of a minor constituted a lascivious exhibition of the minor's pubic area, even though the minor's pubic area was covered. A surreptitious video set up in a bathroom focusing on an 11-year-old girl's pubic area covered by opaque underpants was child pornography. The 10th reached its conclusion that the video was lascivious based on six factors, including whether the visual depiction was intended to elicit a sexual response---a matter viewed from the perspective of the defendant, who had "an extreme interest in visual depictions of female underpants," as evidenced by possession of "Panty Play" magazines and videos entitled "Real Hidden Panties 6, 7 & 8". The 10th recognized the defendant's conduct was not as egregious as others violating 18 U...continue to full post

Full post as published by Tenth Circuit Blog on January 05, 2009 (boomark / email).