United States v. Steven Grovo

Steven Grovo, Joshua Petersen and 11 others from around the United States were indicted for their roles in Kingdom of Future Dreams (KOFD), an online bulletin board dedicated to discussing and exchanging child pornography. Although the other 11 defendants entered plea agreements in separate cases, Grovo and Petersen proceeded to a bench trial on two counts: a charge of engaging in a child exploitation enterprise under 18 U.S.C. § 2252A(g) and a charge of conspiracy to advertise child pornography under 18 U.S.C. § 2251 (d). They were convicted on both counts.

Grovo and Petersen both challenge aspects of their convictions, and Grovo challenges his sentence. Only three of their grounds for appeal merit discussion here. First, Grovo and Petersen argue the government failed to prove they acted “in concert with three or more other persons” when they participated in posting or exchanging child pornography on KOFD’s message boards. See § 2252A(g). Second, both argue the evidence introduced at trial does not prove they knowingly made, printed or published any “advertisement seeking or offering ... to receive, exchange, buy, produce, display, distribute, or reproduce” child…