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Case 1:20-cr-00330-AJN Document 144 Filed 02/04/21 Page 18 of 25 II. Section 3283 Does Not Apply at All. Even if the 2003 Amendment could be retroactively applied to Ms. Maxwell’s alleged conduct during the 1990s, Counts One through Four would still be time-barred for a separate and independent reason: Section 3283 does not apply to the offenses with which Ms. Maxwell is charged. Section 3283 extends the statute of limitations only for “offense[s] involving the sexual or physical abuse, or kidnaping, of a child under the age of 18 years,” 18 U.S.C. § 3283, but none of the offenses charged in Counts One through Four is such an offense.’ A, Section 3283 applies only to offenses that necessarily entail the sexual or physical abuse, or kidnapping, of a child. A long line of cases establishes that an “offense” or “crime” that “involves” certain conduct means an offense that “necessarily requir[es]” that conduct. Shular v. United States, 140 S. Ct. 779, 785 (2020) (internal quotations omitted). Those cases date back at least to Bridges v. United States, 346 U.S. 209 (1953), which construed the Wartime Suspension of Limitations Act’s extension of statutes of limitations for “any offense [] involving fraud or attempted fraud against the United States.” 18 U.S.C. § 3287 (1950) (emphasis added). The Supreme Court held that that extension was “limited strictly to offenses in which defrauding or attempting to defraud the United States is an essential ingredient of the offense charged.” Bridges, 346 U.S. at 221. Thus, the Court held that charges that the defendant knowingly made and conspired to make false statements in a naturalization proceeding, and that he aided and abetted a fraudulent certificate of naturalization, were subject to the general statute of limitations and not the exception, because “fraud is not an essential ingredient” of such offenses, and “[t]he offense is complete without proof of fraud, although fraud often accompanies it.” Jd. at 222. ’ The words “or kidnaping” were added as part of the 2003 Amendment. 2003 Amendment at 660. 12 DOJ-OGR-00002666