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Extraction Summary
2
People
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Organizations
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Locations
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Events
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Relationships
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Quotes
Document Information
Type:
Legal document
File Size:
632 KB
Summary
This legal document is a portion of a court filing, specifically jury instructions, from case 1:20-cr-00330-PAE, filed on December 18, 2021. It outlines the legal definition and elements of 'Violation of New York Criminal Law' as it pertains to Count Two against Ms. Maxwell, which alleges she enticed a minor named Jane across state lines for sexual activity between 1994 and 1997. The document defines Sexual Abuse in the Third Degree, 'sexual contact,' and clarifies that under New York law, a person under seventeen is legally incapable of consent.
People (2)
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell | Defendant |
Alleged to have enticed Jane to travel across state lines for sexual activity.
|
| Jane | Victim |
Alleged victim who was enticed by Ms. Maxwell and was under seventeen years old.
|
Timeline (1 events)
from at least in or about 1994 up to and including in or about 1997
Ms. Maxwell allegedly enticed Jane to travel across state lines with the intent that she would engage in sexual activity constituting a crime under New York Penal Law.
Locations (1)
| Location | Context |
|---|---|
|
The jurisdiction whose penal law was allegedly violated.
|
Relationships (1)
The document describes Count Two of an indictment alleging that Ms. Maxwell enticed Jane, a minor, to travel across state lines for sexual activity.
Full Extracted Text
Complete text extracted from the document (1,805 characters)
Case 1:20-cr-00330-PAE Document 563 Filed 12/18/21 Page 107 of 167
1 Violation of New York Criminal Law
2 Count Two alleges that Ms. Maxwell enticed Jane to travel across state lines with the
3 intent that she would engage in sexual activity for which a person could be charged with a crime
4 under the penal law of New York State, namely New York Penal Law, Section 130.55. I instruct
5 you as a matter of law that Sexual Abuse in the Third Degree, the offense set forth in Count Two
6 of the Indictment, was a violation of New York State Penal law from at least in or about 1994 up
7 to and including in or about 1997, at the time the acts are alleged to have been committed.
8 A person violates New York State Penal Law § 130.55, Sexual Abuse in the Third
9 Degree, when he or she subjects another person to sexual contact without the latter’s consent.
10 Under New York law, “sexual contact” means any touching of the sexual or other
11 intimate parts of a person for the purpose of gratifying the sexual desire of either party. It
12 includes the touching of the victim by the actor, whether directly or through clothing, as well as
13 the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.
14 Also under New York law, lack of consent can result from incapacity to consent. A
15 person less than seventeen years old is deemed incapable of consenting to sexual contact under
16 New York Law. Thus, the law deems sexual contact with a person less than seventeen years old
17 to be without that person’s consent, even if in fact that person did consent. However, in order to
18 find that the intended acts were nonconsensual solely because of the victim’s age, you must find
19 that Ms. Maxwell knew that Jane was less than seventeen years old.
3 intent that she would engage in sexual activity for which a person could be charged with a crime
4 under the penal law of New York State, namely New York Penal Law, Section 130.55. I instruct
5 you as a matter of law that Sexual Abuse in the Third Degree, the offense set forth in Count Two
6 of the Indictment, was a violation of New York State Penal law from at least in or about 1994 up
7 to and including in or about 1997, at the time the acts are alleged to have been committed.
8 A person violates New York State Penal Law § 130.55, Sexual Abuse in the Third
9 Degree, when he or she subjects another person to sexual contact without the latter’s consent.
10 Under New York law, “sexual contact” means any touching of the sexual or other
11 intimate parts of a person for the purpose of gratifying the sexual desire of either party. It
12 includes the touching of the victim by the actor, whether directly or through clothing, as well as
13 the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.
14 Also under New York law, lack of consent can result from incapacity to consent. A
15 person less than seventeen years old is deemed incapable of consenting to sexual contact under
16 New York Law. Thus, the law deems sexual contact with a person less than seventeen years old
17 to be without that person’s consent, even if in fact that person did consent. However, in order to
18 find that the intended acts were nonconsensual solely because of the victim’s age, you must find
19 that Ms. Maxwell knew that Jane was less than seventeen years old.
24
DOJ-OGR-00008645
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