United States v. Price, No. 15-50556 (9th Cir. 2019)Annotate this Case
The 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.
The court issued a subsequent related opinion or order on November 27, 2020.