Whether a person 'uses' a minor 'to engage in' sexually explicit conduct, and thereby produces child pornography, when he creates a visual image of himself, not the minor, engaged in sexually explicit conduct in the presence of a minor

QUESTION PRESENTED Section 2251(a) of Title 18 to the U.S. Code, known as the production of child pornography statute, makes it a crime punishable by at least fifteen years and up to thirty years in prison for: Any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in * * * any sexually explicit conduct for the purpose of producing any visual depiction of such conduct * * *. The question presented, which has divided the lower courts, is whether a person “uses” a minor “to engage in” sexually explicit conduct, and thereby produces child pornography, when he creates a visual image of himself, not the minor, engaged in sexually explicit conduct in the presence of a minor, which he found sexually arousing. i