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Case 1:20-cr-00330-PAE Document 494 Filed 11/22/21 Page10of12 The Honorable Alison J. Nathan November 11, 2021 Page 10 consent in Florida was 18 years old, and the legal age of consent in the U.S. Virgin Islands was 18 years old. The alleged conduct that Accuser-3 has described in her testimony was therefore not illegal. If you find that these incidents took place, I instruct you that this sexual activity cannot be considered “illegal” or “criminal” or “unlawful” for purposes of the crimes charged in the indictment. I further instruct you that you cannot convict Ms. Maxwell on the basis of [Accuser-3’s] testimony alone. You must find that other evidence satisfies each and every element of the crimes charged.” Also, before Accuser-3 begins her testimony, the defense requests that the Court give the jury the following propensity instruction: You will hear testimony from the next witness about sex acts between the witness and Jeffrey Epstein. You may not consider this testimony as any kind of reflection on Ms. Maxwell’s character or propensity to commit any of the crimes charged in this indictment. This testimony is being admitted for a limited purpose and you may consider the testimony only to the extent it bears on Ms. Maxwell’s knowledge or intent and for no other purpose.? Furthermore, if the Court admits Accuser-3’s evidence under Rule 404(b), the defense requests that the Court redact all allegations concerning Accuser-3 from the S2 Indictment to ensure that the jury does not impermissibly consider her evidence as direct proof of the charged conspiracies. Finally, at the November 10" conference, the Court asked the defense to propose a limiting instruction addressing sexual conduct involving any witness that occurred after the relevant age of ? The last part of the proposed instruction incorporates the government’s concession that Ms. Maxwell cannot be convicted based solely on Accuser-3’s evidence due to the statute of limitations. See November 5" Ltr. at 12. 3 Adapted from Sand et al., Modern Federal Jury Instructions, Instr. 5-25. 2049808. 1 DOJ-OGR-00007446