Intrastate production of child porn subject to Commerce Clause regulation

COMMERCE CLAUSE United States v. Jeronimo-Bautista, No. 04-4137, __ F.3d __ (10th Cir. Oct. 12)(Utah). Government appeal of district court's dismissal of indictment charging defendant with coercing minor to engage in sexually explicit conduct for purpose of producing visual depictions of such conduct in violation of 18 U.S.C. § 2251(a). HELD: District court erred in concluding that 18 U.S.C. § 2251(a) violates Commerce Clause as applied to defendant. Congress’ decision to deem local production of child pornography illegal represents rational determination that such local activities constitute essential part of interstate market for child pornography that is within Congress’ power to regulate. Read the opinion here.