{
  "document_metadata": {
    "page_number": "19",
    "document_number": "206",
    "date": "04/16/21",
    "document_type": "court document",
    "has_handwriting": false,
    "has_stamps": false
  },
  "full_text": "Case 1:20-cr-00330-PAE Document 206 Filed 04/16/21 Page 19 of 22\nbased approach has been applied, let alone one that uses \"offense involving\" language.11 Given the Supreme Court's consistent interpretation of such language to require a \"necessarily entails,\" elements-based approach, § 3283 should be similarly interpreted—particularly given the obligation under the rule of lenity to construe any ambiguity in criminal statutes in favor of the defendant, Burrage v. United States, 571 U.S. 204, 216 (2014), and the principle that \"criminal limitations statutes are to be liberally interpreted in favor of repose.\" Toussie, 397 U.S. at 115 (internal quotations and citation omitted).\n\nB. The Offenses Charged in Counts One Through Four Do Not Necessarily Entail the Sexual or Physical Abuse or Kidnapping of a Child.\nThe government appears to argue that even under the \"necessarily entails\" approach, § 3283 applies to the Mann Act offenses at issue here, because § 2422(a) and § 2423(a) somehow necessarily entail the sexual abuse of a child. The government bases this argument on its contention that the applicable definition of \"sexual abuse\" is the definition found at 18 U.S.C. § 3509(a)(8), because that definition \"includes the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children.\" 18 U.S.C. § 3509(a)(8). But even under such an expansive definition, neither § 2422(a) nor § 2423(a) necessarily entails the sexual abuse of a child.\nSection 2422(a) does not necessarily entail any act concerning a child, let alone the \"employment, use, persuasion, inducement, enticement, or coercion of a child\" to engage in any sex-related conduct. Rather, § 2422(a) requires only the enticement of an individual—of any\n\n11 The government also cites United States v. Schneider, 801 F.3d 186 (3d Cir. 2015), in which the court rejected the defendant's comparison of § 3283 to the statute in Bridges. To the extent that the Third Circuit rejected a \"necessarily entails\" approach to § 3283, it appears to have done so without considering the line of Supreme Court cases interpreting the \"offense involving\" language as requiring such an approach—a line that has since expanded to include Davis and Shular.\n14\nDOJ-OGR-00003671",
  "text_blocks": [
    {
      "type": "printed",
      "content": "Case 1:20-cr-00330-PAE Document 206 Filed 04/16/21 Page 19 of 22",
      "position": "header"
    },
    {
      "type": "printed",
      "content": "based approach has been applied, let alone one that uses \"offense involving\" language.11 Given the Supreme Court's consistent interpretation of such language to require a \"necessarily entails,\" elements-based approach, § 3283 should be similarly interpreted—particularly given the obligation under the rule of lenity to construe any ambiguity in criminal statutes in favor of the defendant, Burrage v. United States, 571 U.S. 204, 216 (2014), and the principle that \"criminal limitations statutes are to be liberally interpreted in favor of repose.\" Toussie, 397 U.S. at 115 (internal quotations and citation omitted).",
      "position": "top"
    },
    {
      "type": "printed",
      "content": "B. The Offenses Charged in Counts One Through Four Do Not Necessarily Entail the Sexual or Physical Abuse or Kidnapping of a Child.",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "The government appears to argue that even under the \"necessarily entails\" approach, § 3283 applies to the Mann Act offenses at issue here, because § 2422(a) and § 2423(a) somehow necessarily entail the sexual abuse of a child. The government bases this argument on its contention that the applicable definition of \"sexual abuse\" is the definition found at 18 U.S.C. § 3509(a)(8), because that definition \"includes the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, sexually explicit conduct or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children.\" 18 U.S.C. § 3509(a)(8). But even under such an expansive definition, neither § 2422(a) nor § 2423(a) necessarily entails the sexual abuse of a child.",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "Section 2422(a) does not necessarily entail any act concerning a child, let alone the \"employment, use, persuasion, inducement, enticement, or coercion of a child\" to engage in any sex-related conduct. Rather, § 2422(a) requires only the enticement of an individual—of any",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "11 The government also cites United States v. Schneider, 801 F.3d 186 (3d Cir. 2015), in which the court rejected the defendant's comparison of § 3283 to the statute in Bridges. To the extent that the Third Circuit rejected a \"necessarily entails\" approach to § 3283, it appears to have done so without considering the line of Supreme Court cases interpreting the \"offense involving\" language as requiring such an approach—a line that has since expanded to include Davis and Shular.",
      "position": "footer"
    },
    {
      "type": "printed",
      "content": "14",
      "position": "footer"
    },
    {
      "type": "printed",
      "content": "DOJ-OGR-00003671",
      "position": "footer"
    }
  ],
  "entities": {
    "people": [],
    "organizations": [
      "Supreme Court",
      "Third Circuit"
    ],
    "locations": [],
    "dates": [
      "04/16/21",
      "2014",
      "2015"
    ],
    "reference_numbers": [
      "1:20-cr-00330-PAE",
      "206",
      "19",
      "571 U.S. 204",
      "397 U.S. 115",
      "18 U.S.C. § 3509(a)(8)",
      "§ 3283",
      "§ 2422(a)",
      "§ 2423(a)",
      "801 F.3d 186",
      "DOJ-OGR-00003671"
    ]
  },
  "additional_notes": "The document appears to be a court filing related to a criminal case. The text is printed and there are no visible stamps or handwritten notes. The document is well-formatted and legible."
}