Fill and Sign the Federal Child Pornography Offenses United States Form

65.1 Child Pornography Transporting Or Shipping 18 USC § 22 52(a)(1) Title 18, United States Code, Section 2252(a)(1), makes it a Federal crime for any person to knowingly [transport] [ship] any visual depiction in interstate or foreign commerce by any means [including by mail] [including by computer] if the production of such visual depiction involved the use of a minor engaging in sexually explicit conduct and the visual depiction is of such conduct. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant knowingly [transported] [shipped] a visual depiction in interstate or foreign commerce by any means including [by mail] [by computer]; Second: That the production of such visual depiction involved the use of a minor engaging in sexually explicit conduct; Third: That such visual depiction is of a minor engaged in sexually explicit conduct; and Fourth: That the Defendant knew that at least one of the performers in such visual depict ion was a minor and knew that the visual depiction was of such minor engaged in sexually explicit conduct. The term " interstate or foreign commerce" means the movement of property from one state to another state or from one state to another country. The term " State" includes a State of the United States, the District of Columbia, and any common wealth, territory, or possession of the United States. [The term " computer" means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable hand-held calculator, or other similar device.] The term "sexually explicit conduct" means actual or simulated: (a) sexual intercourse, including genital-genital, oral-genital, anal- genital, or oral-anal contact, whether between persons of the same or opposite sex; (b) bestiality; (c) masturbation; (d) sadistic or masochistic abuse; or (e) lascivious exhibition of the genitals or pubic area of any person. Regarding the last type of sexually explicit conduct - - "lasciviousexhibition" - - not every exposure of the genitals or pubic area constitutes a lascivious exhibition. In determining whether a visual depiction constitutes a lascivious exhibition, you should consider the context and setting in which the genitalia or pubic area is being displayed. You may consider the overall content of the material. You may also consider such factors as whether the focal point of the visual depiction is on the minor' s genitalia or pubic area, or whether there is some other focal point. You may consider whether the setting of the depiction is such as to make it appear t o be sexually inviting or suggestive; for example, in a location or in a pose associated with sexual activity. In addition, you may consider whether the minor appears to be displayed in an unnatural pose or in inappropriate attire. You may also consider whether the minor is partially clothed or nude. You may consider whether the depict ion appears to convey sexual coyness or an apparent willingness to engage in sexual activity, and whether the depiction appears to have been designed to elicit a sexual response in the viewer. Of course, a visual depiction need not involve all of these factors to be a lascivious exhibition. [The term "visual depiction" includes undeveloped film and videotape.] The term " minor" means any person under the age of eighteen years. ANNOTATIONS AND COMMENTS 18 USC § 22 52 (a)(1) provides: Any person w ho - -knowingly transports or ships in interstate or foreign commerce by any means including by computer . . . any visual depict ion, if - - (i) t he producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and (ii) such visual depiction is of such conduct; shall be punished as provided in subsection (b) of this section. Maximum Penalty: Fifteen (15) years and applicable fine when Defendant has prior conviction under this chapter or chapter 109 A. Ten (10 ) years and applicable fine when Defendant has no prior convict ion. See United States v. X-citement Video, Inc., U.S. , 115 S.Ct. 464, 471-72 (1994). The explanation of the term "lascivious exhibition" is derived from United States v. Dost, 636 F.Supp. 828, 832 (S.D. Ca. 198 6), a decision that has been cited with approval by three circuits and many other district courts.