Brian Siebenaler v. State of Indiana

Vaidik, Chief Judge.

Case Summary

[1] Pursuant to Indiana Code section 35-42-4-4, Brian Siebenaler was charged with four counts of possession of child pornography based on photographs he possessed on a flash drive and four counts of child exploitation based on GIFs he created from videos and then uploaded to an image-sharing website. All but one of the images show the uncovered genitals of boys; the other one shows one boy fondling another boy underneath his clothing. Siebenaler was found guilty on all eight counts.

[2] Siebenaler now appeals, arguing that the images do not depict "sexual…