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73 lines
4.5 KiB
JSON
73 lines
4.5 KiB
JSON
{
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"document_metadata": {
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"page_number": "16",
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"document_number": "109-1",
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"date": "09/17/2024",
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"document_type": "court document",
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"has_handwriting": false,
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"has_stamps": false
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},
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"full_text": "Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page16 of 26\n\nstatute as it is written.\"24 If the statute \"is ambiguous or contains no express command regarding retroactivity, a reviewing court must determine whether applying the statute to antecedent conduct would create presumptively impermissible retroactive effects.\"25\n\nHere, the inquiry is straightforward. In 2003, Congress amended § 3283 to provide: \"No statute of limitations that would otherwise preclude prosecution for an offense involving the sexual or physical abuse, or kidnaping, of a child under the age of 18 years shall preclude such prosecution during the life of the child.\"26 The text of § 3283—that no statute of limitations that would otherwise preclude prosecution of these offenses will apply—plainly requires that it prevent the application of any statute of limitations that would otherwise apply to past conduct.\n\nThe statutory text makes clear that Congress intended to extend the time to bring charges of sexual abuse for pre-enactment conduct as the prior statute of limitations was inadequate. This is enough to conclude that the PROTECT Act's amendment to § 3283 applies to Maxwell's conduct as charged in the Indictment.\n\n24 In re Enter. Mortg. Acceptance Co., LLC, Sec. Litig., 391 F.3d 401, 406 (2d Cir. 2004) (citing Landgraf, 511 U.S. at 280).\n25 Weingarten, 865 F.3d at 55 (citation and internal quotation marks omitted).\n26 PROTECT Act, Pub. L. No. 108-21, § 202, 117 Stat. 650, 660 (2003).\n\n16\nDOJ-OGR-00000017",
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{
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"type": "printed",
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"content": "Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page16 of 26",
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"position": "header"
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},
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{
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"type": "printed",
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"content": "statute as it is written.\"24 If the statute \"is ambiguous or contains no express command regarding retroactivity, a reviewing court must determine whether applying the statute to antecedent conduct would create presumptively impermissible retroactive effects.\"25",
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"position": "top"
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},
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{
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"type": "printed",
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"content": "Here, the inquiry is straightforward. In 2003, Congress amended § 3283 to provide: \"No statute of limitations that would otherwise preclude prosecution for an offense involving the sexual or physical abuse, or kidnaping, of a child under the age of 18 years shall preclude such prosecution during the life of the child.\"26 The text of § 3283—that no statute of limitations that would otherwise preclude prosecution of these offenses will apply—plainly requires that it prevent the application of any statute of limitations that would otherwise apply to past conduct.",
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"position": "middle"
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},
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{
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"type": "printed",
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"content": "The statutory text makes clear that Congress intended to extend the time to bring charges of sexual abuse for pre-enactment conduct as the prior statute of limitations was inadequate. This is enough to conclude that the PROTECT Act's amendment to § 3283 applies to Maxwell's conduct as charged in the Indictment.",
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"position": "middle"
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},
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{
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"type": "printed",
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"content": "24 In re Enter. Mortg. Acceptance Co., LLC, Sec. Litig., 391 F.3d 401, 406 (2d Cir. 2004) (citing Landgraf, 511 U.S. at 280).\n25 Weingarten, 865 F.3d at 55 (citation and internal quotation marks omitted).\n26 PROTECT Act, Pub. L. No. 108-21, § 202, 117 Stat. 650, 660 (2003).",
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"position": "bottom"
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},
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{
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"type": "printed",
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"content": "16",
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"position": "footer"
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},
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{
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"type": "printed",
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"content": "DOJ-OGR-00000017",
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"position": "footer"
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}
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],
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"entities": {
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"people": [
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"Maxwell"
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],
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"organizations": [
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"Congress"
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],
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"locations": [],
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"dates": [
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"2003",
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"09/17/2024"
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],
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"reference_numbers": [
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"Case 22-1426",
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"Document 109-1",
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"3634097",
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"§ 3283",
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"Pub. L. No. 108-21",
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"§ 202",
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"117 Stat. 650",
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"660",
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"DOJ-OGR-00000017"
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]
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},
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"additional_notes": "The document appears to be a court filing related to a case involving Maxwell, discussing the application of the PROTECT Act to charges of sexual abuse. The text is well-formatted and clear, with citations to relevant case law and statutes."
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} |