United States Second Circuit

Where defendants transported a videotape, depicting a minor engaged in sexually explicit conduct, from NY to NJ and back, the third jurisdictional element set forth in 18 U.S.C. 2251(a), regulating the movement of such a visual depiction in interstate commerce, was met and represented a constitutional exercise of Congress' authority under the Commerce Clause, regardless of whether the transportation was motivated by a commercial purpose.

Appellate Information

• Decided 03/21/2002
• Published 03/22/2002

Judges

• MINER, Circuit Judge., Before:  KEARSE, MINER, and F.I. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Ronnie Abrams, Assistant United States Attorney, New York, NY (Mary Jo White, United States Attorney for the Southern District of New York, Celeste L. Koeleveld, Assistant United States Attorney, of counsel), for Appellee., Sam Braverman, Law Office of Sam Braverman, Bronx, NY, for Defendant-Appellant Anthony Griffith., Barry M. Fallick, Rochman Platzer Fallick & Sternheim, LLP, New York, NY, for Defendant-Appellant Christopher Griffith.