No. 23-5649

Jonathan Monson v. United States

Lower Court: First Circuit
Docketed: 2023-09-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-2251 child-exploitation criminal-law criminal-statute due-process interstate-commerce jurisdictional-element minor-protection sexual-exploitation visual-depiction
Key Terms:
CriminalProcedure JusticiabilityDoctri
Latest Conference: 2023-10-27
Question Presented (from Petition)

Section 22 51(a) of Title 18 criminalizes the use o f a minor to engage in any sexually
explicit conduc t "for the pu rpose o f producing an y visual depiction of such conduc t."
The crime also carries a jurisdictional elemen t that requires "that [the] visual depic
tion was p roduced o r transm itted using ma terials that have been ma iled, shipped, or
transpo rted in or affecting interstate or foreign comme rce by any means , including
by compu ter." Does it satisfy this jurisdictional elemen t if there is no e vidence that a
defendan t sexually exploited a m inor for the pu rpose o f producing a visual depiction
of the exploitation, and that same visual depiction was produced using materials that
have an interstate-commerce nexus?

Question Presented (AI Summary)

Does Section 2251(a) of Title 18 require evidence that a defendant sexually exploited a minor for the purpose of producing a visual depiction, and that the visual depiction was produced using materials with an interstate-commerce nexus?

Docket Entries

2023-10-30
Petition DENIED.
2023-10-05
DISTRIBUTED for Conference of 10/27/2023.
2023-09-28
Waiver of right of respondent United States to respond filed.
2023-09-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 26, 2023)

Attorneys

Jonathan Monson
Jin-Ho KingMilligan Rona Duran & King LLC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent