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41.2 KB

Extraction Summary

2
People
2
Organizations
0
Locations
2
Events
1
Relationships
2
Quotes

Document Information

Type: Legal document / court filing
File Size: 41.2 KB
Summary

This document is a legal excerpt discussing the application of the PROTECT Act and related statutes of limitations, particularly concerning offenses involving child sexual abuse. It references legal precedents like Weingarten, Schneider, and United States v. Dodge, emphasizing Congress's intent to broadly apply these statutes. The text also addresses Maxwell's contention regarding the applicability of the PROTECT Act to her alleged offenses based on the timing of the conduct.

People (2)

Name Role Context
Maxwell Defendant / Litigant
Contends that the PROTECT Act did not lengthen the statute of limitations for her alleged offenses.
Bridges Party in a legal case
Referred to in the context of a legal holding and legislative history.

Organizations (2)

Name Type Context
Second Circuit
Explained the intent of Congress in the PROTECT Act and is followed by the Court.
Congress
Legislative body that enacted the PROTECT Act and other statutes related to child sex abuse.

Timeline (2 events)

2003
Amendment to the statute of limitations, which applies to the discussed offenses.
Enactment of the PROTECT Act by Congress.

Relationships (1)

Maxwell Legal contention regarding applicability PROTECT Act
Maxwell next contends that because the charged conduct took place before the PROTECT Act's enactment, that statute did not lengthen the statute of limitations applicable to her alleged offenses.

Key Quotes (2)

"the offense did not require fraud as an "essential ingredient.""
Source
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Quote #1
"Congress 'evinced a general intention to "cast a wide net to ensnare as many offenses against children as possible."'"
Source
DOJ-OGR-00000129.tif
Quote #2

Full Extracted Text

Complete text extracted from the document (1,734 characters)

66a
an alternative basis for its holding, it explained that
the offense did not require fraud as an "essential
ingredient." Id. at 222. It reached that conclusion in
large part because the statute's legislative history
made clear that Congress intended it to apply only to
a narrow class of war frauds causing pecuniary loss.
Id. at 216.
As the Second Circuit explained in Weingarten,
Congress had the opposite intent in the enacting in the
PROTECT Act. Weingarten, 865 F.3d at 59 & n. 10. "In
passing recent statutes related to child sex abuse,
including extensions of the § 3283 limitations period,
Congress 'evinced a general intention to "cast a wide
net to ensnare as many offenses against children as
possible."" Id. at 60 (quoting Schneider, 801 F.3d at
196 (quoting United States v. Dodge, 597 F.3d 1347,
1355 (11th Cir. 2010) (en banc))). The primary basis for
Bridges' holding- legislative history supporting a
narrow interpretation does not exist here. Instead,
both the statute's plan meaning and its legislative
history suggest it should apply more broadly.
Based on the statute's text, context, and history,
the Court follows Weingarten and concludes that the
appropriate inquiry is whether the charged offenses
involved the sexual abuse of a minor on the facts
alleged in this case. There is no question that they did.
The Court thus concludes that § 3283 governs the
limitations period for the charges here.
2. The 2003 amendment to the statute of
limitations applies to these offenses
Maxwell next contends that because the charged
conduct took place before the PROTECT Act's enactment,
that statute did not lengthen the statute of limitations
applicable to her alleged offenses. Here too, the Second
DOJ-OGR-00000129

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