9th Cir. Model Jury Instr. (Criminal) 20.23

The defendant is charged in [Count _______ of] the indictment with possession of child pornography in violation of Section 2252(a)(4)(B) of Title 18 of the United States Code. For the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

First, the defendant knowingly possessed [books] [magazines] [periodicals] [films] [video tapes] [matters] that the defendant knew contained [a] visual depiction[s] of [a] minor[s] engaged in sexually explicit conduct;

Second, the defendant knew [each] [the] visual depiction contained in the [[books] [magazines] [periodicals] [films] [video tapes] [matters]] [[was of] [showed]] [a] minor[s] engaged in sexually explicit conduct;

Third, the defendant knew that production of such [a] visual depiction[s] involved use of a minor in sexually explicit conduct; and

Fourth, [each] [the] visual depiction had been

[[[mailed] [shipped] [transported]] [[using any means or facility of interstate commerce] [in or affecting interstate commerce]]]

or

[produced using material that had been [[mailed] [shipped] [transported]] [[using any means or facility of interstate commerce] [in or affecting interstate commerce]] by any means including by computer].

“Visual depiction” includes undeveloped film and video tape, and data stored on a computer disk or data stored by electronic means and capable of conversion into a visual image. See 18 U.S.C. § 2256(5).

A “minor” is any person under the age of 18 years. 18 U.S.C. § 2256(1).

“Sexually explicit conduct” means actual or simulated sexual intercourse, bestiality, masturbation, sadistic or masochistic abuse, or lascivious exhibition of the genitals or pubic area of any person. See 18 U.S.C. § 2256(2).

“Producing” means producing, directing, manufacturing, issuing, publishing, or advertising. 18 U.S.C. § 2256(3).