DOJ-OGR-00020824.jpg
573 KB
Extraction Summary
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People
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Organizations
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Locations
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Events
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Quotes
Document Information
Type:
Legal document
File Size:
573 KB
Summary
This legal document, from Case 22-1426, provides jury instructions or a legal explanation regarding a charge of sexual abuse in the third degree under New York State Penal Law Section 130.55. It defines key legal terms, such as "sexual contact," and clarifies that under New York law, a person under 17 years old is legally incapable of consent. The document specifies that the alleged acts related to this charge occurred between approximately 1994 and 1997.
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Listed in the footer of the document, likely the court reporting agency.
|
Timeline (1 events)
from in or about 1994, up to and including in or about 1997
Acts of sexual abuse in the third degree, in violation of New York State Penal Law, are alleged to have been committed.
New York State
Locations (1)
| Location | Context |
|---|---|
|
The jurisdiction whose penal law is being discussed (Penal Law Section 130.55).
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Key Quotes (2)
""sexual contact" means any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party."Source
— New York law
(The legal definition of "sexual contact" under New York law as it pertains to Penal Law Section 130.55.)
DOJ-OGR-00020824.jpg
Quote #1
"A person less than 17 years old is deemed incapable of consenting to sexual contact under New York law."Source
— New York law
(An explanation of the legal principle of incapacity to consent for minors in New York.)
DOJ-OGR-00020824.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,632 characters)
Case 22-1426, Document 57, 02/28/2023, 3475900, Page206 of 208
A-202
3034
LCKVMAX8
Charge
1 travel across state lines with the intent that she would engage
2 in sexual activity for which a person could be charged with a
3 crime under the penal law of New York State, namely, New York
4 Penal Law Section 130.55. I instruct you as a matter of law
5 that sexual abuse in the third degree -- the offense set forth
6 in Count Two of the indictment -- was a violation of New York
7 State Penal Law from in or about 1994, up to and including in
8 or about 1997, at the time the acts are alleged to have been
9 committed.
10 A person violates New York State Penal Law Section
11 130.55, sexual abuse in the third degree, when he or she
12 subjects another person to sexual contact without the latter's
13 consent. Under New York law, "sexual contact" means any
14 touching of the sexual or other intimate parts of a person for
15 the purpose of gratifying the sexual desire of either party.
16 It includes the touching of the victim by the actor, whether
17 directly or through clothing; as well as the emission of
18 ejaculate by the actor upon any part of the victim, clothed or
19 unclothed.
20 Also under New York law, lack of consent can result
21 from incapacity to consent. A person less than 17 years old is
22 deemed incapable of consenting to sexual contact under New York
23 law. Thus, the law deems sexual contact with a person less
24 than 17 years old to be without that person's consent even if,
25 in fact, that person did consent. However, in order to find
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00020824
A-202
3034
LCKVMAX8
Charge
1 travel across state lines with the intent that she would engage
2 in sexual activity for which a person could be charged with a
3 crime under the penal law of New York State, namely, New York
4 Penal Law Section 130.55. I instruct you as a matter of law
5 that sexual abuse in the third degree -- the offense set forth
6 in Count Two of the indictment -- was a violation of New York
7 State Penal Law from in or about 1994, up to and including in
8 or about 1997, at the time the acts are alleged to have been
9 committed.
10 A person violates New York State Penal Law Section
11 130.55, sexual abuse in the third degree, when he or she
12 subjects another person to sexual contact without the latter's
13 consent. Under New York law, "sexual contact" means any
14 touching of the sexual or other intimate parts of a person for
15 the purpose of gratifying the sexual desire of either party.
16 It includes the touching of the victim by the actor, whether
17 directly or through clothing; as well as the emission of
18 ejaculate by the actor upon any part of the victim, clothed or
19 unclothed.
20 Also under New York law, lack of consent can result
21 from incapacity to consent. A person less than 17 years old is
22 deemed incapable of consenting to sexual contact under New York
23 law. Thus, the law deems sexual contact with a person less
24 than 17 years old to be without that person's consent even if,
25 in fact, that person did consent. However, in order to find
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00020824
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