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Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 52 of 93 Counts One and Three to be viminal. the sets individual must have been under the age of consent in the jurisdiction where the sex acts took place. J instruct you that. at times relevant to the charges in the Indictment: 1. The age of consent in Florida was 18 years old: 2. The age of consent in New York was 17 years old: 3._ The age of consent in the United Kingdom was 16 years old: and 4._ The age of consent in New Mexico for the conduct alleged by Jane Doe-2 was 13 Commented [CE69]: The defense submits that this language is necessary to avoid juror confusion on the issue of what qualifies as illegal sexual activity for the purposes of Counts One and Three and is consistent with the Court’s sexual activity occurred. then for the purposes of Counts One and Three. the sexual activity Commented [RA(70R69]: GOVERNMENT RESPONSE: The Govemment’s proposed instructions only permit the jury was not illegal — in other words. it was not “sexual activity for which any person can be to convict on a violation of New York Penal Law Section 13055 Accordingly, there is no need to inform the jury about the ages of consent in other jurisdictions The problem Count Five charges Ms. Maxwell +he- defendant with participating in a conspiracy, from Commented [RA(71]: GOVERNMENT OBJECTION: at least in or about 2001, up to and including in or about 2004, to commit sex trafficking of a poke aay Seced ated fist es the agent of consent could not be a basis for conviction on its minor. The object of the conspiracy charged in Count Five of the Indictment is to commit sex own, but it can still be evidence of the offense Informing the jury that such activity is “not is gallo, improperly suggests trafficking of a minor. I have already reviewed the elements of that offense in connection with There is also no risk that the jury will convict solely based Count Six. If you find beyond a reasonable doubt that Ms. Maxwell the defendantagreed with es ae ae t sopcinestupar th are Hl —. at least one other person that those elements be done, then the sex trafficking of minors Section 130 55, and that section is violated when the victim is below the age of consent objective would be proved. Adapted from the charge of the Hon. Kimba M. Wood in United States v. Almonte, 16 Cr. 670 (KMW). 52 DOJ-OGR-00006118