Conviction for Engaging in a Child Exploitation Enterprise Can Be Based on Aggregation of Three Other Individuals Involved

US v. Kuehner: Kuehner (and others) was charged with knowingly engaging in a child exploitation enterprise, based on conduct online where he had “encouraged and pressured minors to post child sexual abuse material.” At trial, Kuehner argued that someone was impersonating him in these matters, but the court disagreed and found him guilty. He was sentenced to 20 years in prison and a 20-year term of supervised release.

On appeal, the Fourth Circuit affirmed Kuehner’s conviction. His primary argument on appeal focused on the requirement that to prove a child exploitation exercise the statute required that a defendant commits certain acts “in concert with three or more other persons.” Kuehner argued that each offense (of which there must be at least three) each required the participation of three or more other persons. The court disagreed, holding (in accordance with other Circuit Courts to consider the issue) that the three or more persons requirement can be satisfied in the aggregate.