DOJ-OGR-00006086.jpg

Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Count Two: Enticement to Engage in Illegal Sexual Activity — First Element The first element of Count Two which the government must prove beyond a reasonable doubt is that the-defendantMs. Maxwell knowingly persuaded or induced or enticed er-ceerced- andindividual[Jane Doe-1 pseudonym] to travel in interstate or foreign-commerce; namely from Florida to New York, as alleged in the Indictment. The terms “persuaded,” “induced,” and_ “enticed,” and“coerced” have their ordinary, everyday meanings. The term “interstate commerce” simply means movement from one state to another. The term “State” includes a State of the United States and the District of Columbia. “Knowingly” Defined ThedefendantMs. Maxwell must have acted knowingly. An act is done knowingly when it is done voluntarily and intentionally and not because of accident, mistake, or some other innocent reason. Now, knowledge is a matter of inference from the proven facts. Science has not yet devised a manner of looking into a person’s mind and knowing what that person is thinking. Whether the defendantMs. Maxwell acted knowingly may be proven by the defendantsMs. | Maxwell’s conduct and by all of the facts and circumstances surrounding the case. Adapted from Sand et al., Modern Federal Jury Instructions, Instr. 64-7; the charge of the Hon. Alison J. Nathan in United States v. Pizzaro, 17 Cr. 151 (AJN) and in United States v. Le, 15 Cr. 38 (AJN); the charge of the Hon. Denise L. Cote in United States v. Purcell, 18 Cr. 081 (DLC); the charge of the Hon. Kimba M. Wood in United States v. Almonte, 16 Cr. 670 (KMW); and the charge of the Hon. Sidney H. Stein in United States v. Wagar, 18 Cr. 342 (SHS). See United States v. Wagar, 997 F.3d 481, 484-85 (2d Cir. 2021) (stating that the “statutory verbs” in § 2422(b) “attempt, persuade, induce, entice, [and] coerce, though not defined in the statute, are words of common usage that have plain and ordinary meanings’” (citation omitted)). 20 Page 20 of 93 DOJ-OGR-00006086