United States v. Stephen A. Knox

OPINION OF THE COURT

COWEN, Circuit Judge.

The principal question presented by this appeal is whether videotapes that focus on the genitalia and pubic area of minor females constitute a “lascivious exhibition of the genitals or pubic area” under the federal child pornography laws, 18 U.S.C. §§ 2252(a)(2), (4) and 2256(2)(E) (1988 & Supp. IV 1992), even though these body parts are covered by clothing. When this case first came before us, we held that such visual depictions do qualify as lascivious exhibitions and that this interpretation does not render the statute unconstitutionally overbroad.…