Jonathan Monson v. United States
CriminalProcedure JusticiabilityDoctri
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?
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?