Does Section 2244(c) of the New York State Criminal Code include a "knowingly" mens rea element that increases the maximum sentence for a child sex offence?

⁹ That 2244(c) is set off in a different subsection does not render it irrelevant. Subsection 2244(c) does not articulate a stand-alone crime, but one that applies to "sexual contact that violates this section." Every other reference to sexual contact in 2244 contains a "knowingly" mens rea as to at least one element, and 2244 doubles the maximum sentence for those offenses. This age element thus becomes an additional element of those other offenses. See Apprendi v. New Jersey , 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) (holding that facts that enhance a defendant's maximum sentence are elements that must be submitted to the jury). If, as the dissent argues, the canon against surplusage suggests that "knowingly" does not apply to "sexual contact" but instead to other elements of the offense, that reasoning suggests that it applies to this age element as well given its incorporation of the remainder of 2244.