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Extraction Summary
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Document Information
Type:
Court filing / legal brief
File Size:
688 KB
Summary
This page is from a legal filing (Document 144) in the case United States v. Ghislaine Maxwell, filed on February 4, 2021. It presents a legal argument regarding the Statute of Limitations (18 U.S.C. § 3283). The text argues that Counts One and Two (under 18 U.S.C. § 2422(a)) do not specifically require the victim to be a child or involve physical abuse/kidnapping, and therefore should not be subject to the extended statute of limitations provided by § 3283.
People (2)
| Name | Role | Context |
|---|---|---|
| Ghislaine Maxwell | Defendant (implied) |
Referenced as 'she' in the context of the charges ('a person could be charged... if she knowingly persuades...'). Thi...
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| Rashkovski | Defendant in cited case law |
Cited in United States v. Rashkovski regarding the interpretation of 18 U.S.C. § 2422(a).
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Organizations (3)
| Name | Type | Context |
|---|---|---|
| Department of Justice (DOJ) |
Source of the document (Bates stamp DOJ-OGR-00002670).
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| United States District Court |
Implied by the header format (Case 1:20-cr-00330-AJN).
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| 9th Circuit Court of Appeals |
Cited in case law (9th Cir. 2002).
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Locations (1)
| Location | Context |
|---|---|
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Mentioned in the context of 'Territory or Possession of the United States'.
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Key Quotes (3)
"Counts One and Two do not charge offenses involving the sexual or physical abuse or kidnapping of a child and thus are not subject to § 3283."Source
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Quote #1
"the act that violates § 2422(a) does not necessarily entail the enticement of a child to travel, because the enticement of an individual of any age satisfies the statute."Source
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Quote #2
"It is immaterial to either offense whether any unlawful sexual activity subsequently occurs."Source
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Quote #3
Full Extracted Text
Complete text extracted from the document (2,088 characters)
Case 1:20-cr-00330-AJN Document 144 Filed 02/04/21 Page 22 of 25
U.S.C. § 3283. Counts One and Two arise under 18 U.S.C. § 2422(a), which, at the time of the
alleged conduct, provided that a person could be charged with a criminal offense if she
“knowingly persuades, induces, entices, or coerces any individual to travel in interstate or
foreign commerce, or in any Territory or Possession of the United States, to engage in
prostitution, or in any sexual activity for which any person can be charged with a criminal
offense.” 18 U.S.C. § 2422(a) (1996) (emphasis added). That statute criminalizes enticing
“individual[s],” not necessarily children, to cross state lines to engage in sexual activities. In
other words, the act that violates § 2422(a) does not necessarily entail the enticement of a child
to travel, because the enticement of an individual of any age satisfies the statute.
alleged conduct, provided that a person could be charged with a criminal offense if she
“knowingly persuades, induces, entices, or coerces any individual to travel in interstate or
foreign commerce, or in any Territory or Possession of the United States, to engage in
prostitution, or in any sexual activity for which any person can be charged with a criminal
offense.” 18 U.S.C. § 2422(a) (1996) (emphasis added). That statute criminalizes enticing
“individual[s],” not necessarily children, to cross state lines to engage in sexual activities. In
other words, the act that violates § 2422(a) does not necessarily entail the enticement of a child
to travel, because the enticement of an individual of any age satisfies the statute.
Further, § 2422(a) does not necessarily entail “sexual or physical abuse, or kidnaping.”
18 U.S.C. § 3283. A substantive § 2422(a) offense is complete when an individual is
“persuade[d], induce[d], entice[d], or coerce[d]” to travel to engage in unlawful sexual activity,
and a conspiracy to commit such an offense is complete when an agreement to “persuade[],
induce[], entice[], or coerce[]” an individual to engage in such travel is reached and a single
overt act is committed in furtherance of the agreement. It is immaterial to either offense whether
any unlawful sexual activity subsequently occurs. Moreover, the intended unlawful sexual
activity required to establish a § 2422(a) offense need not involve “sexual or physical abuse, or
kidnaping”; § 2422(a) is frequently, if not primarily, invoked in prosecutions involving the
enticement of adults to travel to engage in prostitution, including on a voluntary basis. See, e.g.,
United States v. Rashkovski, 301 F.3d 1133, 1135-37 (9th Cir. 2002). For all of these reasons,
Counts One and Two do not charge offenses involving the sexual or physical abuse or
kidnapping of a child and thus are not subject to § 3283.
18 U.S.C. § 3283. A substantive § 2422(a) offense is complete when an individual is
“persuade[d], induce[d], entice[d], or coerce[d]” to travel to engage in unlawful sexual activity,
and a conspiracy to commit such an offense is complete when an agreement to “persuade[],
induce[], entice[], or coerce[]” an individual to engage in such travel is reached and a single
overt act is committed in furtherance of the agreement. It is immaterial to either offense whether
any unlawful sexual activity subsequently occurs. Moreover, the intended unlawful sexual
activity required to establish a § 2422(a) offense need not involve “sexual or physical abuse, or
kidnaping”; § 2422(a) is frequently, if not primarily, invoked in prosecutions involving the
enticement of adults to travel to engage in prostitution, including on a voluntary basis. See, e.g.,
United States v. Rashkovski, 301 F.3d 1133, 1135-37 (9th Cir. 2002). For all of these reasons,
Counts One and Two do not charge offenses involving the sexual or physical abuse or
kidnapping of a child and thus are not subject to § 3283.
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DOJ-OGR-00002670
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