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United States v. Ward

686 F.3d 879 (2012)

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United States v. Ward

United States Court of Appeals for the Eighth Circuit

686 F.3d 879 (2012)

Facts

Terry Ward (plaintiff) secretly filmed W.D., a 12-year-old girl, while she entered and exited the shower in W.D.’s recreational vehicle (RV). W.D. was completely naked while she transitioned to and from the shower. To get the images Ward wanted, Ward positioned a hidden camera to face the hallway directly outside the shower area. Then, Ward directed W.D. to undress in the hallway and used vocal commands and physical touch to position W.D.’s body to continuously face the hidden camera, allowing Ward to capture full-length images of W.D.’s naked body, including her pubic area. W.D. was unaware she was being photographed. During the execution of a search warrant on Ward’s RV, state police discovered Ward’s photographs of W.D. along with thousands of images of child pornography. W.D. was subsequently convicted in Arkansas for raping a child. After the Arkansas conviction, the federal government (defendant) charged Ward with multiple counts of child exploitation and possession of child pornography. Ward was convicted on all counts after a jury trial. Ward appealed, arguing that there was insufficient evidence to convict him of child sexual exploitation because the photographs of W.D. constituted mere nakedness, not lascivious exhibition.

Rule of Law

Issue

Holding and Reasoning (Loken, J.)

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