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Case 1:20-cr-00330-PAE Document563_ Filed 12/18/21 Page 33 of 167 Instruction No. 23: Counts Two and Four: Failure to Accomplish Intended Activity is Immaterial Now, with respect to Counts Two and Four, it is not a defense that the sexual activity which may have been intended by the Defendant was not accomplished. In other words, it is not necessary for the Government to prove that anyone, in fact, engaged in any sexual activity for which any person can be charged with a criminal offense with the individual after she was enticed, for Count Two, or transported, for Count Four, across state lines. It is enough if the Defendant has the requisite intent at the time of the enticement or transportation. 32 DOJ-OGR-00008571