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Extracted Text (OCR)
Case 22-1426, Document 79, 06/29/2023, 3536060, Page48 of 93
35
reflecting clear congressional intent to apply to pre-en-
actment conduct).®
Legislative history confirms this conclusion. In ini-
tially enacting a special statute of limitations for child
sex abuse offenses, Congress sought to “mak[e] it eas-
ier to prosecute offenders who commit sex crimes that
may be difficult to detect quickly.” Weingarten, 865
F.3d at 54. But that limitations period proved to be “in-
adequate in many cases.” H.R. Conf. Rep. No. 108-66,
at 54. Tellingly, the conference report offered the ex-
ample of a child rapist who “could not be prosecuted”
because he was “identified ... as the perpetrator one
day after the victim turned 25.” Jd. Given that Con-
gress bemoaned those offenders who escaped prosecu-
tion because the limitations period had expired, there
is every reason to believe that it intended to preserve
the ability to prosecute pre-enactment offenders whose
limitations period had not yet expired. See United
States v. Sure Chief, 438 F.3d 920, 924 (9th Cir. 2006)
(concluding that in enacting the 2003 amendment,
8 Maxwell’s only response regarding the statute’s
text is that the words “would” and “shall” are “forward-
looking.” (Br.54). But those words readily apply in de-
scribing the application of the 2003 amendment to pre-
enactment conduct. Consider an offense committed
against a 16-year-old in the year 2000. The statute of
limitations then in effect indeed “would ... preclude
prosecution” nine years in the future, once the victim
turned twenty-five. The 2003 amendment ensured
that “[n]o” such “statute of limitations ... shall pre-
clude such prosecution during the life of the child.”
DOJ-OGR-00021695
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00021695.jpg |
| File Size | 681.4 KB |
| OCR Confidence | 94.7% |
| Has Readable Text | Yes |
| Text Length | 1,727 characters |
| Indexed | 2026-02-03 20:16:08.370111 |