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Case 1:20-cr-00330-PAE Document 536 Filed 12/10/21 Page 31o0f43 31 LBNAMAXTps 1 THE COURT: So we won't add "solely," because we don't 2 want to wrongly instruct the jury about the law. So we'll keep 3 that one as it is. 4 I need to think about the other on In my mind, this a is an issue that pertains -- I understand there's a witness 6 where the only sexual conduct took place in New Mexico, and I 7 had understood previously that that witness was above the age 8 of consent in New Mexico, but that the government was offering 9 that evidence as enticement to engage in illegal sexual conduct 10 in New York. And that's what I was trying to capture in the 11 instruction, so that that evidence could be relevant, the jury 12 could see that evidence as relevant to the enticement to 13 illegal sexual activity as defined under New York law, which is 14 the only way that the government has charged this case, other 15 than the trafficking count -- well, including the trafficking 16 count, yes. 17 And that's what I was trying to capture. And I'll 18 consider the alterations you're suggesting. What we can't do 19 is infuse the instruction with the government's case and 20 arguments. The point here is just to make clear what the 21 jurors can't do and then, to the extent they otherwise deem th 22 vidence relevant, they can consider it and we'll give them the 23 charge at the end of the day. But I'll consider the 24 suggestions. I haven't -- just haven't had time. 25 Anything on that? SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00008341