960 F.3d 1025
8th Cir.2020Background
- Joshua Box pleaded guilty to receipt and possession of child pornography under 18 U.S.C. §§ 2252A(a)(2)(A), (b)(1) and 2252A(a)(5)(B), (b)(2).
- At sentencing the district court applied the 15‑year statutory minimum in 18 U.S.C. § 2252A(b)(1) based on five prior Arkansas convictions for possession of child pornography under Ark. Code Ann. § 5‑27‑602.
- The Arkansas statute criminalizes knowing possession of material depicting a child engaged in “sexually explicit conduct,” which includes lewd exhibition of the female breast — conduct the federal child‑pornography definition excludes.
- Box argued the Arkansas convictions did not qualify as prior convictions under § 2252A(b)(1) because the state statute covers conduct outside the federal definition.
- Box acknowledged that United States v. Mayokok controls and preserved the argument for further review, but sought to preserve the issue on appeal.
- The panel affirmed, concluding Mayokok’s reasoning compels treating the Arkansas convictions as qualifying prior convictions that trigger the statutory minimum.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Arkansas convictions qualify as prior convictions under 18 U.S.C. § 2252A(b)(1) | Box: Arkansas law punishes conduct (lascivious female breast) outside federal child‑pornography definition, so convictions don’t qualify | Govt: "Relating to" is broad; Arkansas statute relates to possession of child pornography and therefore qualifies | Affirmed: convictions qualify; statutory minimum applies, following United States v. Mayokok |
Key Cases Cited
- United States v. Mayokok, 854 F.3d 987 (8th Cir. 2017) (held a state statute that reached some conduct beyond the federal definition still "relates to" possession of child pornography under the federal penalty provision)
- United States v. Bennett, 823 F.3d 1316 (10th Cir. 2016) (construed the phrase "relating to" broadly in the context of child‑pornography penalty statutes)
- United States v. Colson, 683 F.3d 507 (4th Cir. 2012) (state conviction covering lewd exhibitions of buttocks and breasts qualified as a prior conviction under § 2252A(b)(1))
- United States v. Reinhart, 893 F.3d 606 (9th Cir. 2018) (discussed related penalty‑statute issues; reached a different result in a related statutory provision)