How have courts interpreted the meaning of the word "knowingly" in section 2242(2) of the California Criminal Code?
MultiRegion, United States of America
The following excerpt is from U.S. v. Price, 921 F.3d 777 (9th Cir. 2019):
Rodriguez 's presumption that disparate inclusion or exclusion of statutory language is intentional, ... reinforces the conclusion that knowingly in section 2242(2) applies to the victim-incapacity element of the offense." Id. at 760. The court went on to say:
Id. (quoting Bennett v. Spear , 520 U.S. 154, 173, 117 S.Ct. 1154, 137 L.Ed.2d 281 (1997) ).
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