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Criminal Law Keyed to Lee
United States v. Dauray
Citation:
215 F.3d 257 (2d Cir. 2000)Facts
Charles Dauray was parked at a state park when he was approached by an officer. The officer found him in possession of thirteen unbound pictures of minors engaging in sexually explicit conduct. These pictures were pieces from magazine pages. Dauray was aware of the content of the pictures. He was charged with possessing child pornography in violation of 18 U.S.C. § 2252(a)(4)(B) (1994). The jury found him guilty, finding that four of the thirteen pieces of evidence met the statutory definition of sexually explicit conduct.
After the jury’s verdict, the district court considered Dauray’s pretrial motion, which petitioned to dismiss the indictment for failure to charge an offense. Dauray argued that the four pictures were visual depictions themselves and therefore could not be “other matter with contain any visual depiction,” as the statute’s plain language stated. The district court concluded that the pictures were “other matter” and denied Dauray’s request to apply the rule of lenity. Dauray appealed this judgement.
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