Whether the Eleventh Circuit shall be permitted to remain an outlying jurisdiction insofar as it interprets the phrase 'for the purpose of' to require proof that the production of the visual depictions was 'a purpose' for engaging in sexually explicit conduct with a minor regardless of how insignificant or incidental the production of the image was to the sexual relationship or conduct

QUESTION PRESENTED Title 18 U.S.C. § 2251(a) requires the government to prove that the defendant engaged in sexually explicit conduct with a minor “for the purpose of’ producing any visual depiction of such conduct. The question presented is: Whether the Eleventh Circuit shall be permitted to remain an outlying jurisdiction insofar as it interprets the phrase “for the purpose of” to require proof that the production of the visual depictions was “a purpose” for engaging in sexually explicit conduct with a minor regardless of how insignificant or incidental the production of the image was to the sexual relationship or conduct; whereas, every other circuit interprets the phrase “for the purpose of” to require proof of “a purpose” rather than an incidental motive on the part of the defendant. 1