No. 20-555

Kyle Stephen Thompson v. United States

Lower Court: Fourth Circuit
Docketed: 2020-10-27
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split criminal-intent criminal-law federal-statute mens-rea minor-protection minors purpose-element sexual-exploitation statutory-interpretation visual-depiction
Key Terms:
CriminalProcedure
Latest Conference: 2020-12-04
Question Presented (AI Summary)

Whether the 'for the purpose of' element of § 2251(a) means the defendant's prevailing or most influential purpose for the sexually explicit conduct was to produce a visual depiction of it?

Question Presented (from Petition)

QUESTION PRESENTED 18 U.S.C. § 2251(a) is one part of the federal scheme to combat sexual exploitation of minors. Section 2251(a) singles out for severe penalties those defendants who, not only induce or coerce a minor to engage in “sexually explicit conduct,” but do so “for the purpose of’? producing a visual depiction of such conduct. Jd. (emphasis supplied). There is a split in the circuits concerning an important and recurring question about the “purpose” element of § 2251(a), in those cases where the defendant has multiple purposes for inducing or coercing a minor to engage in sexually explicit conduct: Whether the “for the purpose of’ element of § 2251(a) means the defendant’s prevailing or most influential purpose for the sexually explicit conduct was to produce a visual depiction of it? ii PARTIES TO PROCEEDING AND RELATED CASES The

Docket Entries

2020-12-07
Petition DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-11-05
Waiver of right of respondent United States to respond filed.
2020-10-23
Petition for a writ of certiorari filed. (Response due November 27, 2020)

Attorneys

Kyle Thompson
Stephen Bennett MercerRaquinMercer LLC, Petitioner
Stephen Bennett MercerRaquinMercer LLC, Petitioner
United States
Jeffrey B. WallActing Solicitor General, Respondent
Jeffrey B. WallActing Solicitor General, Respondent