In reading United States v. X-Citement Video, Inc., consider the following questions:

1. What jurisdiction's law is involved in this case?

2. What were the defendants charged with in this case?

3. What is the key issue addressed by the parties and the Court in this case?

4. What state of mind in required for conviction of the offense charged? What state of mind is stated in the statute?

5. How is this statute different from the statutes in Bash, Semakula and Anderson that is relevant to the mens rea analysis? How does this difference affect the Court’s analysis?

6. How many different possible interpretations do you see for this statute? What are they? Which does the Court adopt? Which would the dissent adopt? Which do you like and why?

7. Does the federal mens rea analysis appear consistent with that of Washington? Why or why not? Which canons or principles of interpretation that we have already seen are used by the Court?

8. Isn’t trafficking in sexually explicit materials the kind of activity that would put one on notice of likely regulation (and isn’t there a strong element of wrongfulness in such activity)? If so, why isn’t scienter as to that element sufficient to avoid punishment of innocent missteps? Why doesn’t the Court use this analysis?

9 . Write a jury instruction for § 2252.

10 . Why does Mr. Justice Scalia dissent?

11.  What have you learned about mistake as to age in sex crimes?

12.  What is the Court getting at in footnote 2? What are "jurisdictional facts"?

13. Have you learned any new rules from this case regarding the interpretation of criminal statutes with regard to mens rea requirements? If so, what are they?

14. Note at least two additional things from the case (not already asked for) that you believe are important or confusing. Why do you think they matter?