United States Second Circuit

Defendant's convictions for production of child pornography and for transportation of a minor across state lines with the intent to engage in criminal sexual activity are reversed where: 1) the prosecution failed to prove beyond a reasonable doubt that defendant persuaded, induced, or enticed the victim to take Photos 1 and 2; and 2) an 18 U.S.C. section 2423(a) conviction cannot lie where the unlawful sexual act occurs before the crossing of state lines, and where there is no evidence of an intent to commit a sexual act when state lines were crossed.

Appellate Information

• Decided 08/03/2010
• Published 08/03/2010

Judges

• Dennis Jacobs

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• James P. Egan, Nathaniel J. Dorfman