DOJ-OGR-00007119.jpg

be N Ww ws Oo OY ~] oO WO a oO = be N Ww = Hs Oo a OY a ~] a oO a Ke) 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document465 _ Filed 11/15/21 LB1TMAX3 Page 68 of 127 68 particular, because with respect to -- that's why I was clarifying, your Honor. With respect to the Mann Act conspiracies, the particular criminal sexual activity relates to a particular statute in New York. And with respect to the sex trafficking -—- THE COURT: The particular statute in New York that the government her that's 130.053(a), right? MS. MOE: Yes, your Honor. TH | COURT: And that establishes 17 as the age of consent for the underlying sexual activity that's charged in the indictment. to MS. MOE: That's correct, your Honor. THE COURT: So the Mann Act is going to the cas that the government is going to prove here is going to incorporate that as the illegal sexual conduct. MS. MOE: GI That's correct, your Honor. THE COURT: So couldn't be convicted with respect to that count. MS. MOE: That's correct, your Honor. And that's among the many reasons why we submit there's very little potential prejudice of offering this testimony considering its relevance to the counts charged, because given th lements of the offense standing alone and the statute of issue, we think there's no 403 issue here. SOUTHERN DISTRICT REPORTERS, P. (212) 805-0300 limitations THE COURT: Well, not just with respect to the Mann DOJ-OGR-00007119