O83.2D Sexual Exploitation of Minors: Possessing or Accessing with Intent to View Visual Depiction Involving Sexual Exploitation of Minors

The Defendant can be found guilty of this crime only if all the following facts are proved beyond a reasonable doubt:

(1) the Defendant knowingly [possessed] [accessed with intent to view] one or more books, magazines, periodicals, films, video tapes, or other matter which contain any visual depiction;

(2) [has been mailed] [has been shipped or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce] [was produced using materials which have been mailed or so shipped or transported, by any means, including by computer] when the visual depiction was produced by using a minor engaging in sexually explicit conduct and depicts the conduct;

(3) producing the visual depiction involved using a minor engaged in sexually explicit conduct;

(4) the depiction is of a minor engaged in sexually explicit conduct; and

(5) the Defendant knew that at least one performer in the visual depiction was a minor and knew that the depiction showed the minor engaged in sexually explicit conduct.