In a civil case, what are the elements of the statutory crime of sexual assault defined by the Superior Court of Justice in a supplemental jury instruction given during deliberations?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gergen, 172 F.3d 719 (9th Cir. 1999):
With this understanding of Staples, we turn to the supplemental jury instruction given during deliberations in response to the jury's request for clarification and review de novo whether the instruction properly stated the elements of a statutory crime. See United States v. Petrosian, 126 F.3d 1232, 1233 n. 1 (9th Cir.1997), cert. denied, --- U.S. ----, 118 S.Ct. 1101, 140 L.Ed.2d 156 (1998).
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