DOJ-OGR-00020832.pdf

Case 22-1426, Document 58 02/28/2023, 3475901, Page6 of 221 A-206 LCKVMAX8 Charge 3038 1 the person's actions. 2 The government must prove beyond a reasonable doubt, 3 however, that a significant or motivating purpose of Jane's 4 travel across state lines was that she would engage in illegal 5 sexual activity; in other words, the illegal sexual activity 6 must not have been merely incidental to the trip. 7 Instruction No. 22. Count Four. Transportation of an 8 individual under the age of 17 to engage in illegal sexual 9 activity. Third element. 10 The third element of Count Four which the government 11 must prove beyond a reasonable doubt is that Ms. Maxwell knew 12 that Jane was less than 17 years old at the time of the acts 13 alleged in Count Four of the indictment. 14 Instruction No. 23. Counts Two and Four. Failure to 15 accomplish intended activity is immaterial. 16 Now, with respect to Counts Two and Four, it is not a 17 defense that the sexual activity which may have been intended 18 by the defendant was not accomplished. In other words, it's 19 not necessary for the government to prove that anyone, in fact, 20 engaged in any sexual activity for which any person can be 21 charged with a criminal offense with the individual after she 22 was enticed for Count Two or transported for Count Four across 23 state lines. It is enough if the defendant has the requisite 24 intent at the time of the enticement or transportation. 25 Instruction No. 24. Count Six. Sex trafficking of an SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00020832