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be N Ww ws Oo OY ~] oO Ke) Ww a OY 20 21 22 23 24 25 Case 1:20-cr-00330-PAE LBNAMAXTps New Mexico law if that's s show. our MR. ROHRBACH: Yo charging theory is jus Document 739 ‘Filed 08/10/22 Page 35o0f43 35 omething the government is going to ur Honor, we completely agree that t a violation of the New York statute and not the New Mexico statute, or any particular New Mexico statute. Our point is tha t it is not a straightforward question that any sexual activity that occurred in New Mexico was necessarily above New Mexico's own age of consent. So at least the legal accuracy of that has not been established at this point. THE COURT: Will MR. ROHRBACH: No is not planning to put on par ticular New Mexico offe 18; that we've established in it be an issue in trial? , your Honor, because the government vidence aimed at meeting any nse, Since that's not the charges this case. That's just a point in terms of the accuracy of the proposed jury instruction -- that whether the sexual conduct was legal or illegal within New Mexico. you THE COURT: So wh at I had said was, "I anticipate ‘ll hear testimony from the next witness about sexual conduct that she says she had with Mr. Epstein in New Mexico." I had suggested, because it's what I understood from ou that because the witness was over age of consent in New Mexico at the relevant time period, And then the parties, "I instruct y the the sexual conduct she say s occurred with Mr. Epstein was not SOUTHERN D STRICT REPORTERS, P.C. ( 212) 805-0300 DOJ-OGR-00011656