DOJ-OGR-00014600.jpg

Case 1:20-cr-00330-PAE Document 767 Filed 08/10/22 Page 200 of 257 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-00014600