Benjamin Mitchell v. the State of Texas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that depictions must consist of more than mere nudity; otherwise inclusion of the term “lascivious” would be meaningless
• concluding that “[a]lthough more than one factor must be present in order to establish ‘lasciviousness,’ all six factors need not be present”
• determining that the statute requires more than mere nudity or the requirement of “lasciviousness” would be superfluous
• noting that a bed or a mattress is often associated with sex, but on its own is not suggestive of sexual activity
• noting that rather than being a separate substantive inquiry, the sixth Dost factor is a means to determine if any of the other factors are present
• indicating that the appropriateness of the child’s attire did not arise where the child was naked

Source: CourtListener parenthetical corpus (CC0).