O82 Sexual Exploitation of Children: Producing/Transmitting Visual Depiction of Sexually Explicit Conduct

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

(1) an actual minor, that is, a real person who was less than 18 years old, was depicted; (2) the Defendant [employed] [used] [persuaded] [induced] [enticed] [coerced] the minor to engage in sexually explicit conduct for the purpose of producing a [visual depiction, e.g., video] of the conduct; OR the Defendant had the minor assist any other person to engage in sexually explicit conduct for the purpose of producing a [visual depiction, e.g., video] of the conduct; OR the Defendant transported the minor [in or affecting interstate or foreign commerce] [in foreign commerce], with the intent that such minor engage in sexually explicit conduct for the purpose of producing a [visual depiction, e.g., video] of the conduct or for the purpose of transmitting a live visual depiction of such conduct; and (3) either (a) the Defendant knew or had reason to know that the [visual depiction, e.g., video] would be mailed or transported in or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce; (b) the [visual depiction, e.g., video] was produced or transmitted using materials that had been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer; or (c) the [visual depiction, e.g., video] was mailed or actually transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce. While the Government must prove that a purpose of the sexually explicit conduct was to produce a visual depiction, it need not be Defendant’s only or dominant purpose.