Whether mere video voyeurism can constitute intending a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction under 18 U.S.C. Section 2251(a)

QUESTION PRESENTED Whether mere video voyeurism — surreptitious videoing of unaware subjects without any posing or manipulation of the video images — of the innocent conduct of minor females not engaged in or anticipated to engage in sexual or sexually suggestive conduct can constitute intending a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct as required for conviction of the production or attempted production of child pornography under U.S.C. Section 2251(a), an important question on which the Eighth Circuit decision in this case is in conflict with the decision of another United States court of appeals. i