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594 KB
Extraction Summary
2
People
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Organizations
0
Locations
2
Events
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Relationships
6
Quotes
Document Information
Type:
Legal document
File Size:
594 KB
Summary
This legal document argues that the extended statute of limitations under 18 U.S.C. § 3283 is not applicable to Counts Three and Four of an indictment. The reasoning provided is that the relevant offenses, defined under 18 U.S.C. § 2423(a) and § 2422(a), are crimes of intent and do not require sexual abuse, physical abuse, or kidnapping as an essential element. The document cites case law, including *United States v. Broxmeyer* and *Bridges*, to support the claim that the nature of the offense, not the specific facts alleged in the indictment, determines the applicability of the statute of limitations.
People (2)
| Name | Role | Context |
|---|---|---|
| Bridges | Party in a legal case |
Cited in the case 'Bridges, 346 U.S. at 222' regarding the principle that embellishing an indictment does not extend ...
|
| Broxmeyer | Party in a legal case |
Cited in the case 'United States v. Broxmeyer, 616 F.3d 120, 129 n.8 (2d Cir. 2010)' to support the argument that the...
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Organizations (1)
| Name | Type | Context |
|---|---|---|
| United States | Government agency |
Mentioned as a party in the case 'United States v. Broxmeyer'.
|
Timeline (2 events)
1994-09-13
The amendment of 18 U.S.C. § 2423 became effective as part of the Violent Crime Control and Law Enforcement Act of 1994.
2010
The case of United States v. Broxmeyer was decided by the 2d Circuit court.
2d Cir.
Key Quotes (6)
"with intent that the [minor] engage in . . . any sexual activity for which any person can be charged with a criminal offense"Source
— 18 U.S.C. § 2423(a)
(Quoting the language of the statute to define the offense in Counts Three and Four.)
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Quote #1
"the sexual or physical abuse, or kidnaping, of a child."Source
— Legal argument
(Describing what the intent required by the statute does not necessarily entail.)
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Quote #2
"crime of intent and a conviction is entirely sustainable even if no underlying criminal sexual act ever occurs."Source
— United States v. Broxmeyer
(Citing case law to explain that the offense under § 2422(a) does not require a completed sexual act.)
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Quote #3
"The embellishment of the indictment does not lengthen the time for prosecution."Source
— Bridges, 346 U.S. at 222
(Citing case law to argue that the specific facts alleged in the indictment do not trigger the extended statute of limitations.)
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Quote #4
"[U]nder the statute[s] creating the offense[s],” physical or sexual abuse of a minor, or kidnaping, is not “an essential ingredient.”"Source
— Legal argument citing case law
(Arguing that since abuse or kidnapping is not a required element of the charged offenses, the extended statute of limitations does not apply.)
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Quote #5
"offense[s] involving the sexual or physical abuse, or kidnaping, of a child under the age of 18 years"Source
— § 3283
(Quoting the language of the statute of limitations extension to show why it does not apply to the counts in question.)
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Quote #6
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