DOJ-OGR-00008730.jpg

10 11 12 13 14 15 16 17 18 19 20 21 22 Case 1:20-cr-00330-PAE Document565- Filed 12/19/21 Page 24 of 83 Instruction No. 17: Count Two: Enticement to Engage in Illegal Sexual Activity — Third Element The third element of Count Two which the Government must prove beyond a reasonable doubt is that Ms. Maxwell acted with the intent that the individual would engage in sexual activity for which any person can be charged with a criminal offense under New York law. “Intentionally” Defined A person acts intentionally when the act is the product of her conscious objective, that is, when she acts deliberately and purposefully and not because of a mistake or accident. Direct proof of a person’s intent is almost never available. It would be a rare case where it could be shown that a person wrote or stated that, as of a given time, she committed an act with a particular intent. Such direct proof is not required. The ultimate fact of intent, though subjective, may be established by circumstantial evidence, based upon the defendant’s outward manifestations, her words, her conduct, her acts and all the surrounding circumstances disclosed by the evidence and the rational or logical inferences that may be drawn from them. Significant or Motivating Purpose In order to establish this element, it is not necessary for the Government to prove that the illegal sexual activity was Ms. Maxwell’s sole purpose for encouraging Jane to travel across state lines. A person may have several different purposes or motives for such conduct, and each may prompt in varying degrees the person’s actions. The government must prove beyond a reasonable doubt, however, that a significant or motivating purpose of encouraging Jane to travel across state lines was that she would engage in illegal sexual activity. In other words, the illegal sexual activity must not have been merely incidental to the trip. pa: DOJ-OGR-00008730