United States v. Price, No. 15-50556 (9th Cir. 2019)
Annotate this CaseThe Ninth Circuit affirmed defendant's conviction for knowingly engaging in sexual contact with another person without that other person's permission on an international flight. The panel rejected defendant's contention that the government was also required to prove beyond a reasonable doubt that he subjectively knew that his victim did not consent. The panel explained that unwanted sexual contact of the type defendant engaged in -- touching first, and arguing later that he "thought" the victim consented -- was precisely what 18 U.S.C. 2244(b) criminalizes. The panel also concluded that defendant was properly Mirandized and that the district court acted within its discretion in refusing to read back to the jury portions of the victim's testimony.
Court Description: Criminal Law. The panel affirmed a conviction for knowingly engaging in sexual contact with another person without that other person’s permission on an international flight, in violation of 18 U.S.C. § 2244(b). The panel rejected the defendant’s contention that the government was required to prove beyond a reasonable doubt that he subjectively knew that his victim did not consent, and held that the district court did not err in denying the defendant’s request to instruct the jury accordingly. The panel held that in addition to proving beyond a reasonable doubt that the defendant knowingly had sexual contact with the victim, the government need only prove that the victim did not consent as an objective matter. The panel held that the police had probable cause to arrest the defendant, that he was properly Mirandized, and that the district court acted within its discretion in refusing to read back to the jury portions of the victim’s testimony.
The court issued a subsequent related opinion or order on November 27, 2020.
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