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Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 18 of 93 \Count Two: Enticement to Engage in an Illegal Sexual Activity — The Statute __—/ Commented [CE17]: The defense objects to beginning out of order with the substantive counts and grouping the The relevant statute for Count Two is Title 18, United States Code, Section 2422, which conspiracy counts later The defense submits that the instructions for the counts should proceed in order, as they are charged in the Indictment, and each count should be addressed provides that “[w]hoever knowingly persuades, induces, or | enticed-srecerces any individual to _ ; ; ; Commented [RA(18R17]: GOVERNMENT RESPONSE: travel in interstate or foreign commerce, or in any Territory or Possession of the United States, to \ The Goverment submits that it will be clearer for the jury - a se 4 . Bok then incorporate that explanation for the conspiracy offenses engage in. . . in any sexual activity for which any person can be charged with a criminal : F : Commented [CE19]: The defense objects to the inclusion offense,” is guilty of a federal crime. of the term “ aha tite ronda id does mot tchote evidence of the use of force of other coercion _ Commented [RA(20R19]: GOVERNMENT RESPONSE: The term “coerce” carries its ordinary meaning. see United States v. Wagar, 997 F 3d 481, 485 (2d Cir 2021) (regarding § 2422(b)). and the ordinary meaning of “coerce” need not involve force See “Coerce.” Merriam-Webster Dictionary (defining “coerce” as “to compel to an act or choice”) The Govemment expects that its proof will include evidence of coercion, and in any event, this verb is in the statutory language 18 DOJ-OGR-00006084