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Case 22-1426, Document 57_02/28/2023, 3475900, Page206 of 208 A-202 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. instruct you as a matter of law 5 that sexual abuse in the third degr 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- 00020824