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10 11 12 13 14 15 16 Case 1:20-cr-00330-PAE Document563 _ Filed 12/18/21 Page 38 of 167 Instruction No. 28: Count Six: Sex Trafficking of an Individual Under the Age of 18a- Minor — Third Element The third element of Count Six which the Government must prove beyond a reasonable doubt is that Ms. Maxwell knew that the person, Carolyn, would be caused to engage in a commercial sex act. The term “commercial sex act” means “any sex act, on account of which anything of value is given to or received by any person.” The thing of value may be money or any other tangible or intangible thing of value that may be given to or received by any person, regardless of whether the person who receives it is the person performing the commercial sex act. It is not relevant whether or not Carolyn was a willing participant in performing commercial sex acts when she was under the age of 18 years old. Consent by the person is not a defense to the charge in Count Six of the Indictment if Carolyn was under the age of 18 at the time the commercial sex acts took place. It is also not required that the person actually performed a commercial sex act so long as the Government has proved that the DefendantMs._ Maxwell recruited, enticed, harbored, transported, provided, or obtained the person for the purpose of engaging in commercial sex acts. 37 DOJ-OGR-00008576