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6 Massachusetts opinions name it 3 courts 2002–2024 1 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
United States v. Amiraultgreen2 sentences2014The Dost factors are neither comprehensive nor dispositive, but they do provide guidance for a court’s analysis whether a visual depiction constitutes a “lewd” exhibition. 15 See Bean, supra at 713-714 , quoting United States v. Amirault, 173 F.3d at 32 ; Commonwealth v. Sullivan, 82 Mass. App. Ct. at 302-303 . 2014The Dost factors are neither comprehensive nor dispositive, but they do provide guidance for a court’s analysis whether a visual depiction constitutes a “lewd” exhibition. 15 See Bean, supra at 713-714 , quoting United States v. Amirault, 173 F.3d at 32 ; Commonwealth v. Sullivan, 82 Mass. App. Ct. at 302-303 . | 3 | 4 |
United States v. Frabiziogreen2 sentences2014See United States v. Frabizio, supra, quoting United States v. Amirault, supra. A visual depiction need not involve all of the Dost factors in order to be deemed lewd. 2014See United States v. Frabizio, supra, quoting United States v. Amirault, supra. A visual depiction need not involve all of the Dost factors in order to be deemed lewd. | 3 | 3 |
United States v. Edwin E. Wiegandgreen2 sentences2014United States v. Wiegand, 812 F.2d 1239, 1244 (9th Cir.), cert. denied, 484 U.S. 856 (1987), which commonly are referred to as the Dost factors. 14 See Commonwealth v. Sullivan, supra at 302-305 . 2014United States v. Wiegand, 812 F.2d 1239, 1244 (9th Cir.), cert. denied, 484 U.S. 856 (1987), which commonly are referred to as the Dost factors. 14 See Commonwealth v. Sullivan, supra at 302-305 . | 2 | 4 |
United States v. Dostgreen2 sentences2024These Dost factors are: "1) whether the focal point of the visual depiction is on the child's genitalia or pubic area; "2) whether the setting of the visual depiction is sexually suggestive, i.e., in a place or pose generally associated with sexual activity; "3) whether the child is depicted in an unnatural pose, or in inappropriate attire, considering the age of the child; "4) whether the child is fully or partially clothed, or nude; "5) whether the visual depiction suggests sexual coyness or a willingness to engage in sexual activity; [and] "6) whether the visual depiction is intended or des 2014The Dost factors are as follows: “1) whether the focal point of the visual depiction is on the child’s genitalia or pubic area; “2) whether the setting of the visual depiction is sexually suggestive, i.e., in a place or pose generally associated with sexual activity; “3) whether the child is depicted in an unnatural pose, or in inappropriate attire, considering the age of the child; *45 “4) whether the child is fully or partially clothed, or nude; “5) whether the visual depiction suggests sexual coyness or a willingness to engage in sexual activity; [and] “6) whether the visual depiction is in | 2 | 3 |
Mitchell v. United Statesgreen2 sentences2014United States v. Wiegand, 812 F.2d 1239, 1244 (9th Cir.), cert. denied, 484 U.S. 856 (1987), which commonly are referred to as the Dost factors. 14 See Commonwealth v. Sullivan, supra at 302-305 . 2014United States v. Wiegand, 812 F.2d 1239, 1244 (9th Cir.), cert. denied, 484 U.S. 856 (1987), which commonly are referred to as the Dost factors. 14 See Commonwealth v. Sullivan, supra at 302-305 . | 1 | 3 |
United States v. Steengreen2 sentences2012“When a photographer selects and positions his subjects, it is quite a different matter from the peeking of a voyeur upon an unaware subject pursuing activities unrelated to sex.” United States v. Steen, 634 F.3d 822, 828 (5th Cir. 2011). 11 In any event, the Dost factors do not support a conclusion that this photograph contains a “lewd exhibition.” As the Supreme Judicial Court has noted, a “beach setting is [a] ‘natural landscape’ that is not generally associated with sexual activity.” Bean, 435 Mass. at 716 n.18, citing Amirault, 173 F.3d at 33 . 2012“When a photographer selects and positions his subjects, it is quite a different matter from the peeking of a voyeur upon an unaware subject pursuing activities unrelated to sex.” United States v. Steen, 634 F.3d 822, 828 (5th Cir. 2011). 11 In any event, the Dost factors do not support a conclusion that this photograph contains a “lewd exhibition.” As the Supreme Judicial Court has noted, a “beach setting is [a] ‘natural landscape’ that is not generally associated with sexual activity.” Bean, 435 Mass. at 716 n.18, citing Amirault, 173 F.3d at 33 . | 1 | 1 |
United States v. Michael Arvingreen2 sentences2012She informed the jury that it was for them to “decide the weight, or lack of weight to be given to any of these factors.” Additionally, the judge emphasized that the factors were “not exhaustive” and provided only “some guidance.” She further informed the jury that “as far as defining lewd exhibition, the courts say that those are words that are within the ken of ordinary jurors and that they should be given the meaning that ordinarily attach to those words.” See, e.g., Frabizio, 459 F.3d at 85 , quoting from United States v. Arvin, 900 F.2d 1385, 1390 (9th Cir. 1990), cert. denied, 498 U.S. 1 2012She informed the jury that it was for them to “decide the weight, or lack of weight to be given to any of these factors.” Additionally, the judge emphasized that the factors were “not exhaustive” and provided only “some guidance.” She further informed the jury that “as far as defining lewd exhibition, the courts say that those are words that are within the ken of ordinary jurors and that they should be given the meaning that ordinarily attach to those words.” See, e.g., Frabizio, 459 F.3d at 85 , quoting from United States v. Arvin, 900 F.2d 1385, 1390 (9th Cir. 1990), cert. denied, 498 U.S. 1 | 1 | 1 |
Dow Chemical Co. v. Alfarogreen2 sentences2012She informed the jury that it was for them to “decide the weight, or lack of weight to be given to any of these factors.” Additionally, the judge emphasized that the factors were “not exhaustive” and provided only “some guidance.” She further informed the jury that “as far as defining lewd exhibition, the courts say that those are words that are within the ken of ordinary jurors and that they should be given the meaning that ordinarily attach to those words.” See, e.g., Frabizio, 459 F.3d at 85 , quoting from United States v. Arvin, 900 F.2d 1385, 1390 (9th Cir. 1990), cert. denied, 498 U.S. 1 2012She informed the jury that it was for them to “decide the weight, or lack of weight to be given to any of these factors.” Additionally, the judge emphasized that the factors were “not exhaustive” and provided only “some guidance.” She further informed the jury that “as far as defining lewd exhibition, the courts say that those are words that are within the ken of ordinary jurors and that they should be given the meaning that ordinarily attach to those words.” See, e.g., Frabizio, 459 F.3d at 85 , quoting from United States v. Arvin, 900 F.2d 1385, 1390 (9th Cir. 1990), cert. denied, 498 U.S. 1 | 1 | 1 |
Commonwealth v. Quinngreen2 sentences2008See also Commonwealth v. Quinn, 439 Mass. 492 , 500 n.13 (2003) (“lewd” commonly means preoccupied with sex and sexual desire, lustful, or obscene, indecent). 2008See also Commonwealth v. Quinn, 439 Mass. 492 , 500 n.13 (2003) (“lewd” commonly means preoccupied with sex and sexual desire, lustful, or obscene, indecent). | 1 | 1 |
People v. Svengreen2 sentences2008See, e.g., People v. Sven, 848 N.E.2d 228, 231-32 (Ill.App. 2 Dist.), rev. den., 861 N.E.2d 663 (Ill. 2006); People v. Hanner, 752 N.Y.S.2d 147, 149 (N.Y.A.D. 3 Dept 2002). 2008See, e.g., People v. Sven, 848 N.E.2d 228, 231-32 (Ill.App. 2 Dist.), rev. den., 861 N.E.2d 663 (Ill. 2006); People v. Hanner, 752 N.Y.S.2d 147, 149 (N.Y.A.D. 3 Dept 2002). | 1 | 1 |
People v. Svengreen2 sentences2008See, e.g., People v. Sven, 848 N.E.2d 228, 231-32 (Ill.App. 2 Dist.), rev. den., 861 N.E.2d 663 (Ill. 2006); People v. Hanner, 752 N.Y.S.2d 147, 149 (N.Y.A.D. 3 Dept 2002). 2008See, e.g., People v. Sven, 848 N.E.2d 228, 231-32 (Ill.App. 2 Dist.), rev. den., 861 N.E.2d 663 (Ill. 2006); People v. Hanner, 752 N.Y.S.2d 147, 149 (N.Y.A.D. 3 Dept 2002). | 1 | 1 |
People v. Hornergreen2 sentences2008See, e.g., People v. Sven, 848 N.E.2d 228, 231-32 (Ill.App. 2 Dist.), rev. den., 861 N.E.2d 663 (Ill. 2006); People v. Hanner, 752 N.Y.S.2d 147, 149 (N.Y.A.D. 3 Dept 2002). 2008See, e.g., People v. Sven, 848 N.E.2d 228, 231-32 (Ill.App. 2 Dist.), rev. den., 861 N.E.2d 663 (Ill. 2006); People v. Hanner, 752 N.Y.S.2d 147, 149 (N.Y.A.D. 3 Dept 2002). | 1 | 1 |
United States v. Robert David Villardgreen2 sentences2002See, e.g., United States v. Amirault, 173 F.3d 28, 31-32 (1st Cir. 1999); United States v. Villard, 885 F.2d 117, 122 (3d Cir. 1989). 2002See, e.g., United States v. Amirault, 173 F.3d 28, 31-32 (1st Cir. 1999); United States v. Villard, 885 F.2d 117, 122 (3d Cir. 1989). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Bean
green
2 sentences2014The Dost factors are neither comprehensive nor dispositive, but they do provide guidance for a court’s analysis whether a visual depiction constitutes a “lewd” exhibition. 15 See Bean, supra at 713-714 , quoting United States v. Amirault, 173 F.3d at 32 ; Commonwealth v. Sullivan, 82 Mass. App. Ct. at 302-303 . 2014The Dost factors are neither comprehensive nor dispositive, but they do provide guidance for a court’s analysis whether a visual depiction constitutes a “lewd” exhibition. 15 See Bean, supra at 713-714 , quoting United States v. Amirault, 173 F.3d at 32 ; Commonwealth v. Sullivan, 82 Mass. App. Ct. at 302-303 . | 3 | 2008–2014 |
Commonwealth v. Rex
green
2 sentences2024Although the Dost factors are a guide, they are "neither comprehensive nor dispositive." Id. 2024Although the Dost factors are a guide, they are "neither comprehensive nor dispositive." Id. | 2 | 2014–2024 |
Commonwealth v. Sullivan
green
2 sentences2014United States v. Wiegand, 812 F.2d 1239, 1244 (9th Cir.), cert. denied, 484 U.S. 856 (1987), which commonly are referred to as the Dost factors. 14 See Commonwealth v. Sullivan, supra at 302-305 . 2014United States v. Wiegand, 812 F.2d 1239, 1244 (9th Cir.), cert. denied, 484 U.S. 856 (1987), which commonly are referred to as the Dost factors. 14 See Commonwealth v. Sullivan, supra at 302-305 . | 2 | 2014–2014 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.