O83.2C Sexual Exploitation of Minors: Selling or Possessing with Intent to Sell 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 [sold] [possessed with intent to sell] any visual depiction;

(2) that [has been mailed, shipped, or transported using any means or facility of interstate or foreign commerce] [has been shipped or transported in or affecting interstate or foreign commerce] [was produced using materials which have been mailed or so shipped or transported using any means or facility of interstate or foreign commerce, including by computer];

(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 engaging in sexually explicit conduct.