United States Court of Appeals for the Fifth Circuit _____________ United States Court of Appeals Fifth Circuit No. 23-50664 consolidated with FILED No. 23-50714 December 31, 2024 _____________ Lyle W. Cayce Clerk United States of America,

Plaintiff—Appellee,

versus Mark Joseph Uhlenbrock,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC Nos. 5:16-CR-389-1, 5:21-CR-84-1 ______________________________ Before Smith, Stewart, and Duncan, Circuit Judges. Jerry E. Smith, Circuit Judge: A jury convicted Mark Uhlenbrock of violating 18 U.S.C. § 2261A- (2)(B) for publishing his ex-girlfriend’s nude images and videos and exhibi- tionist and masturbatory stories that he wrote in her name. We affirm.

I. A. From May to September 2020, Uhlenbrock posted nude photographs and videos of YT, his ex-lover, on Reddit. Some of those images she had Case: 23-50664 Document: 142-1 Page: 2 Date Filed: 12/31/2024

No. 23-50664 c/w No. 23-50714 voluntarily sent to him during their romantic relationship, but some he sur- reptitiously recorded. She never allowed him to share any of the media or to post it online. Accompanying those pictures and videos, Uhlenbrock shared stories that he drafted in the first-person using YT’s maiden name. They further identified her by occupation, employer, and state of residence. Writing as YT, he claimed to be an “addicted” “exhibitionist.” For example, he stated, “I am a real US Airline flight attendant. . . . Here, I share clothed to naked pics, ‘G’ and ‘R’ rated home videos and erotic stories that you can read about my exhibitionist fantasies.” Another post read, “I enjoy stripping nude and masturbating for men I meet on my layovers. It’s my favorite way of sexually expressing and satisfying myself.” He invited men to look for YT on their flights and sexually to proposition her. A close family friend alerted YT to Uhlenbrock’s posts, aware that 2020 was not the first time that Uhlenbrock had published YT’s intimate content. YT “immediately started searching for these photographs to find out where they were and how far they had spread.” She took an entire week off work and “spent eight, nine hours a day scouring the internet to find these images to see how bad this was going to be again.” She contacted the FBI to report Uhlenbrock’s conduct.

B. A grand jury indicted Uhlenbrock on one count of cyberstalking under 18 U.S.C. § 2261A(2)(B), which states, in relevant part, Whoever . . . with the intent to . . . harass[] [or] intimidate . . . engage[s] in a course of conduct that . . . causes, attempts to cause, or would reasonably be expected to cause substantial emotional distress to a person . . . shall be punished as provided ....

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No. 23-50664 c/w No. 23-50714 Uhlenbrock moved to dismiss the indictment on First Amendment and vagueness grounds