DOJ-OGR-00017220.pdf

--- Page 1 --- **Document Header** * **Case Number:** 1:20-cr-00330-PAE * **Document Number:** 767 * **Charge:** LCKVMAX8 * **Filed Date:** 08/10/22 * **Page Number:** 199 of 257 **Text Content** 1. deliberately and purposely and not because of mistake or accident. Direct proof of a person's intent is almost never available; it would be a rare case where it could be shown that a person wrote or stated that as of a given time, she committed an act with a particular intent. Such direct proof is not required. The ultimate fact of intent, though subjective, may be established by circumstantial evidence based upon the defendant's outward manifestations, her words, her conduct, her acts, and all the surrounding circumstances disclosed by the evidence and the rational or logical inferences that may be drawn from them. 2. Significant or motivating purpose. 3. In order to establish this element, it's not necessary for the government to prove that the illegal sexual activity was Ms. Maxwell's sole purpose for encouraging Jane to travel across state lines. A person may have several different purposes or motives for such conduct, and each may prompt in varying degree the person's actions. The government must prove beyond a reasonable doubt, however, that a significant or motivating purpose of encouraging Jane to travel across state lines was that she would engage in illegal sexual activity. In other words, the illegal sexual activity must not have been merely incidental to the trip. 4. Violation of New York criminal law. 5. Count Two alleges that Ms. Maxwell enticed Jane to **Footer** * **Southern District Reporters, P.C.** * **Phone Number:** (212) 805-0300 * **Document ID:** DOJ-OGR-00017220