DOJ-OGR-00017221.pdf

--- Page 1 --- The extracted text is: **Case 1:20-cr-00330-PAE** **Document 767** **Charge** **Filed 08/10/22** **Page 200 of 257** **3034** **LCKVMAX8** **travel across state lines with the intent that she would engage** **in sexual activity for which a person could be charged with a** **crime under the penal law of New York State, namely, New York** **Penal Law Section 130.55. I instruct you as a matter of law** **that sexual abuse in the third degree -- the offense set forth** **in Count Two of the indictment -- was a violation of New York** **State Penal Law from in or about 1994, up to and including in** **or about 1997, at the time the acts are alleged to have been** **committed.** **A person violates New York State Penal Law Section** **130.55, sexual abuse in the third degree, when he or she** **subjects another person to sexual contact without the latter's** **consent. Under New York law, "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.** **It includes the touching of the victim by the actor, whether** **directly or through clothing; as well as the emission of** **ejaculate by the actor upon any part of the victim, clothed or** **unclothed.** **Also under New York law, lack of consent can result** **from incapacity to consent. A person less than 17 years old is** **deemed incapable of consenting to sexual contact under New York** **law. Thus, the law deems sexual contact with a person less** **than 17 years old to be without that person's consent even if,** **in fact, that person did consent. However, in order to find** **SOUTHERN DISTRICT REPORTERS, P.C.** **(212) 805-0300** **DOJ-OGR-00017221**