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10 11 12 13 14 15 16 17 18 19 Case 1:20-cr-00330-PAE Document565- Filed 12/19/21 Page 25 of 83 Violation of New York Criminal Law Count Two alleges that Ms. Maxwell enticed Jane to travel across state lines with the intent that she would engage in sexual activity for which a person could be charged with a crime under the penal law of New York State, namely New York Penal Law, Section 130.55. I instruct you as a matter of law that Sexual Abuse in the Third Degree, the offense set forth in Count Two of the Indictment, was a violation of New York State Penal law from at least in or about 1994 up to and including in or about 1997, at the time the acts are alleged to have been committed. A person violates New York State Penal Law § 130.55, Sexual Abuse in the Third Degree, when he or she subjects another person to sexual contact without the latter’s consent. Under New York law, “sexual contact” means any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party. It includes the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed. Also under New York law, lack of consent can result from incapacity to consent. A person less than seventeen years old is deemed incapable of consenting to sexual contact under New York Law. Thus, the law deems sexual contact with a person less than seventeen years old to be without that person’s consent, even if in fact that person did consent. However, in order to find that the intended acts were nonconsensual solely because of the victim’s age, you must find that Ms. Maxwell knew that Jane was less than seventeen years old. 24 DOJ-OGR-00008731