Does Section 2251(a) of Title 18 require evidence that a defendant sexually exploited a minor for the purpose of producing a visual depiction, and that the visual depiction was produced using materials with an interstate-commerce nexus?

QUESTION PRESENTED Section 2251(a) of Title 18 criminalizes the use of a minor to engage in any sexually explicit conduct “for the purpose of producing any visual depiction of such conduct.” The crime also carries a jurisdictional element that requires “that [the] visual depiction was produced or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer.” Does it satisfy this jurisdictional element if there is no evidence that a defendant sexually exploited a minor for the purpose of producing a visual depiction of the exploitation, and that same visual depiction was produced using materials that have an interstate-commerce nexus? 2