US v. Mendez, No. 20-30007 (6-7-22)(McKeown w/Christen & Miller).  The 9^th affirms a conviction under 18 USC 2251(a), which criminalizes conduct that leads a minor to engage in sexually explicit acts to produce a visual depiction. Here, placing a camera in the eye of stuffed animal to film an unaware teenage girl masturbating was clear conduct that fell within the scope of the statute. The appeal concerns “use” because the defendant did not coerce, persuaded, or entice the victim.  The 9^th’s focus is on the conduct of the defendant and not the victim. The defendant’s acts “used” the victim. The 9^th lines up with the numerous other circuits in this perspective.

 

https://cdn.ca9.uscourts.gov/datastore/opinions/2022/06/07/20-30007.pdf