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629 KB
Extraction Summary
3
People
2
Organizations
1
Locations
2
Events
1
Relationships
3
Quotes
Document Information
Type:
Court filing / jury instructions
File Size:
629 KB
Summary
This document is page 27 of a court filing (Document 563) from the Ghislaine Maxwell trial (Case 1:20-cr-00330-PAE), filed on December 18, 2021. It contains jury instructions regarding Count Two, specifically addressing the Violation of New York Criminal Law (Penal Law Section 130.55) concerning Sexual Abuse in the Third Degree. The text defines sexual contact and consent, emphasizing that individuals under seventeen are legally incapable of consent, and instructs that for a conviction based on age, the jury must find Maxwell knew 'Jane' was under seventeen.
People (3)
| Name | Role | Context |
|---|---|---|
| Ghislaine Maxwell | Defendant |
Referred to as 'Ms. Maxwell' and formerly 'the Defendant' (crossed out). Accused of enticing Jane to travel across st...
|
| Jane | Victim |
Alleged victim under the age of 17 during the relevant time period (1994-1997).
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| PAE | Judge |
Presiding Judge (Paul A. Engelmayer) indicated by the case number initials.
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Organizations (2)
| Name | Type | Context |
|---|---|---|
| New York State |
Jurisdiction defining the Penal Law.
|
|
| Department of Justice (DOJ) |
Indicated by the footer 'DOJ-OGR'.
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Locations (1)
| Location | Context |
|---|---|
|
Jurisdiction where the penal law applies.
|
Relationships (1)
The document alleges Maxwell enticed Jane to travel for sexual activity.
Key Quotes (3)
"Count Two alleges that Ms. Maxwell enticed Jane to travel across state lines with the intent that she would engage in sexual activity"Source
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Quote #1
"A person less than seventeen years old is deemed incapable of consenting to sexual contact under New York Law."Source
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Quote #2
"you must find that the DefendantMs. Maxwell knew that Jane was less than seventeen years old."Source
DOJ-OGR-00008565.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,829 characters)
Case 1:20-cr-00330-PAE Document 563 Filed 12/18/21 Page 27 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.
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
10 consent.
9 Degree, when he or she subjects another person to sexual contact without the latter’s
10 consent.
11 Under New York law, “sexual contact” means any touching of the sexual or other
12 intimate parts of a person for the purpose of gratifying the sexual desire of either party. It
13 includes the touching of the victim by the actor, whether directly or through clothing, as well as
14 the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.
12 intimate parts of a person for the purpose of gratifying the sexual desire of either party. It
13 includes the touching of the victim by the actor, whether directly or through clothing, as well as
14 the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.
15 Also under New York law, lack of consent can result from incapacity to consent. A
16 person less than seventeen years old is deemed incapable of consenting to sexual contact under
17 New York Law. Thus, the law deems sexual contact with a person less than seventeen years old
18 to be without that person’s consent, even if in fact that person did consent. However, in order to
19 find that the intended acts were nonconsensual solely because of the victim’s age, you must find
20 that the DefendantMs. Maxwell knew that Jane was less than seventeen years old.
16 person less than seventeen years old is deemed incapable of consenting to sexual contact under
17 New York Law. Thus, the law deems sexual contact with a person less than seventeen years old
18 to be without that person’s consent, even if in fact that person did consent. However, in order to
19 find that the intended acts were nonconsensual solely because of the victim’s age, you must find
20 that the DefendantMs. Maxwell knew that Jane was less than seventeen years old.
26
DOJ-OGR-00008565
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