In United States v. Mendez, --- F.4th ---, No. 20-30007 (9th Cir. 2022), the Court affirmed a conviction under 18 U.S.C. § 2251(a), which criminalizes the conduct of any person who “employs, uses, persuades, induces, entices, or coerces” a minor “to engage in . . . sexually explicit conduct for the purpose of producing any visual depiction of such conduct.”
Mendez placed Wi-Fi cameras in the eye of a stuffed animal and surreptitiously filmed a teenage girl masturbating. He argued the evidence was insufficient because he did not cause her to engage in sexual conduct.
The Ninth Circuit rejected his argument. The Court concluded that, based on its prior precedent, his conduct fell within the "uses" aspect of the statute.
"Mendez did not necessarily induce the minor’s sexually explicit conduct. But he did place hidden cameras in a teenage girl’s bedroom—active conduct in the heartland of a statute criminalizing the production of child pornography. "
"The evidence was sufficient under § 2251(a) and (e) to support Mendez’s conviction for attempting to “use” a minor “to engage in . . . sexually explicit conduct” for the purpose of producing a visual depiction of that conduct. § 2251(a)."
