US v. McCauley: McCauley was in North Carolina when he began an online relationship with what turned out to be a 13-year-old girl. After weeks of talk online, she convinced McCauley to come pick her up from her home in West Virginia. McCauley did so and, after returning to North Carolina, introduced the girl to his mother and coworkers. McCauley and the girl had sex several times. During one session, McCauley recorded 19 seconds worth of them having sex on his iPhone. He never showed the video to anyone else, but did mention making it to a friend. Investigators tracked down the girl and eventually McCauley was charged with enticing a minor to engage in sexually explicit conduct "for the purpose of producing [a] visual depiction of such conduct." He was convicted at trial and sentenced to the 15-year mandatory minimum sentence.
On appeal, the Fourth Circuit reversed McCauley's conviction. At issue was the district court's jury instructions (given initially and then after a question from the jury) that the Government had to prove that the production of CP was a purpose of McCauley's engaging in sexual conduct, with said purpose being able to arise at any point during the sexual conduct. Relying on the text of the statute, the court concluded that the instructions lowered the burden of proof and what the Government must prove is that the production of CP was the purpose of engaging in sexual activity. Such purpose could not be "merely one in ten [purposes]" as the Government argued to the jury, In reaching that conclusion, the court took note of the severe mandatory minimum sentence that results from the conduct. The error in the instructions serious prejudiced McCauley's case and required reversal of his conviction.
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