What is the current state of the law on the production and possession of indecent images of a minor?

With respect to the production charges, it is illegal to persuade, entice, or coerce a minor to engage in "sexually explicit conduct for the purpose of producing any visual depiction of such conduct." 18 U.S.C. 2251(a); see United States v. Rivera, 546 F.3d 245, 249 (2d Cir. 2008). Vonneida's possession charges similarly hinge on the finding that he possessed images containing a "visual depiction" involving "a minor engaging in sexually explicit conduct." 18 U.S.C. 2252A(a)(5)(B), 2256(8). "[S]exually explicit conduct" is in turn defined to include, inter alia, "actual or simulated . . . (iii) masturbation; (iv) sadistic or masochistic abuse; or (v) lascivious exhibition of the genitals or pubic area of any person." 18 U.S.C. 2256(2)(A)(iii)-(v).

"A criminal defendant who challenges the sufficiency of evidence shoulders a heavy burden, but not an impossible one." United States v. Jones, 393 F.3d 107, 111 (2d Cir. 2004). "Not only must the evidence be viewed in the light most favorable to the government and all permissible inferences drawn in its favor, but if the evidence, thus construed, suffices to convince any rational trier of fact of the defendant's guilt beyond a reasonable doubt," then the conviction will stand. United States v. Martinez, 54 F.3d 1040, 1042 (2d Cir. 1995) (internal citation omitted).