## Facts

- A computer service manager repairing Tom Vig’s personal computer found images depicting children engaged in sexual activity and notified law enforcement.
- Tom Vig admitted downloading pictures of nude children and consented to seizure and examination of the computer.
- Forensic examination of two hard drives revealed multiple files containing sexually explicit depictions of children; Tom stated he used a program to access Internet newsgroups and download images.
- Tom’s son, Donovan Vig, told an FBI agent he accessed Internet newsgroups and had seen pictures of nude children.
- The government introduced the recovered images at trial and called a pediatrician specializing in child maltreatment as an expert witness.
- The expert testified that in at least one depiction within each charged file (except one file), the subject was a minor.
- The defense did not cross-examine the expert on whether the images could be computer-generated and offered no opposing expert.
- Tom and Donovan Vig were convicted of knowingly possessing matter containing visual depictions of minors engaged in sexually explicit conduct, in violation of 18 U.S.C. § 2252(a)(4)(B).
- Donovan moved for judgment of acquittal for insufficient evidence that the images depicted real minors rather than computer-generated “virtual” children; the district court denied the motion.

## Issues

1. Whether the evidence was sufficient for a rational jury to find beyond a reasonable doubt that the charged images depicted actual minors, as required by 18 U.S.C. § 2252(a)(4)(B), rather than computer-generated images.

## Decision

- The Eighth Circuit affirmed Donovan Vig’s conviction.
- The court held that the government was not required to eliminate a speculative possibility that the images were computer-generated.
- The images themselves, combined with the pediatric expert’s testimony identifying minors in the charged files, provided sufficient evidence for the jury’s finding.
- The court noted the defense offered no evidence or expert testimony supporting the “virtual image” theory and did not meaningfully challenge the government’s expert.

## Legal Principles

- On appellate review of evidentiary sufficiency, the court views the evidence in the light most favorable to the verdict and asks whether any rational juror could find the essential elements beyond a reasonable doubt.
- In a prosecution under 18 U.S.C. § 2252(a)(4)(B), the government must prove the depictions are of actual minors; this element may be proved through the images themselves and expert testimony addressing age-related characteristics.
- The government need not disprove unsupported, hypothetical alternatives (such as an unsubstantiated claim of computer-generated imagery) to sustain a jury verdict when the record contains direct and expert evidence supporting the elements.

## Conclusion

The Eighth Circuit upheld the conviction because the jury could reasonably conclude, based on the images and unrebutted pediatric expert testimony, that the files depicted real minors, and speculative assertions about possible computer generation did not render the evidence insufficient.


United States v. Vig, 167 F.3d 443 (8th Cir. 1999)