DOJ-OGR-00005184.jpg
677 KB
Extraction Summary
2
People
2
Organizations
1
Locations
2
Events
0
Relationships
4
Quotes
Document Information
Type:
Legal document
File Size:
677 KB
Summary
This handwritten legal note analyzes the interpretation of 18 USC §3283, focusing on the definitions of 'sexual abuse' and 'exploitation'. It discusses the Fifth Circuit's 2015 decision in United States v. Dierl, where the court used a broader definition of sexual abuse from 18 USC §3509 to include exploitation. The author notes this legal 'work around' creates a superfluity issue, referencing the 1995 case United States v. Bailey.
Organizations (2)
| Name | Type | Context |
|---|---|---|
| Fifth Circuit | Court |
The court that made the finding in the United States v. Dierl case.
|
| United States Congress | Government agency |
Mentioned in the context of using two separate terms, sexual abuse and exploitation, in legislation.
|
Timeline (2 events)
1995
2015
The Fifth Circuit court in United States v. Dierl found that 18 USC §3283's description of offenses included the sexual exploitation offense from 18 U.S.C. § 2251(a).
Fifth Circuit
Locations (1)
| Location | Context |
|---|---|
|
Mentioned as a party in the legal cases "United States v. Dierl" and "United States v. Bailey".
|
Key Quotes (4)
"any offense involving sexual or physical abuse or kidnapping"Source
— 18 USC §3283
(A quote from the statute 18 USC §3283, which was interpreted by the court in the Dierl case.)
DOJ-OGR-00005184.jpg
Quote #1
"under the definitions in §3509(a) using children to engage in sexually explicit conduct, including 'exploitation' in the form of child pornography, constitutes "sexual abuse" of a child."Source
— Fifth Circuit
(Describes the Fifth Circuit's reasoning for its finding in the Dierl case.)
DOJ-OGR-00005184.jpg
Quote #2
"other form of exploitation,"Source
— 18 USC §3509(a)(8)
(A phrase from the sexual abuse definition in the statute, used by the court as a 'work around' to include exploitation.)
DOJ-OGR-00005184.jpg
Quote #3
"exploitation"Source
— Author of the note
(The author notes that the court's solution causes this term to be 'superfluous' in another part of the statute.)
DOJ-OGR-00005184.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,233 characters)
Case 1:20-cr-00330-PAE Document 338 Filed-10/12/21 Page 6 of 22
6-8 Leg hist
8 Precluding other limitations
9-12 offense involving
12 3299
13 Summary
8 Precluding other limitations
9-12 offense involving
12 3299
13 Summary
18 USC §3283
In United States v. Dierl, 775 F.3d 714 (5th Cir. 2015), the Court found that 18 USC §3283's "any offense involving sexual or physical abuse or kidnapping" included the sexual exploitation offense at 18 U.S.C. § 2251(a). To reach the finding the Court avoided §3283's plain language and instead relied on a sexual abuse definition at 18 USC §3509(a)(8).
Fifth Circuit "under the definitions in §3509(a) using children to engage in sexually explicit conduct, including 'exploitation' in the form of child pornography, constitutes "sexual abuse" of a child. 18 U.S.C. § 3509(a)(2), (a)(8)."
Since the plain language does not include Exploitation they use the sexual abuse definition at (a)(8) which includes the phrase "other form of exploitation," as a work around. This solution however causes "exploitation" to be superfluous at the §3509(a)(2) child definition, which keeps sexual abuse and exploitation separate. See United States v. Bailey, 516 U.S. 137, 147 (1995) (we assume congress used two terms because
1 And a.3. Child Abuse definition
DOJ-OGR-00005184
Discussion 0
No comments yet
Be the first to share your thoughts on this epstein document