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10 11 [2 13 14 15 16 17 18 19 Case 1:20-cr-00330-PAE Document565- Filed 12/19/21 Page 28 of 83 Instruction No. 20: Count Four: Transportation of an Individual Under the Age of 17 to Engage in Illegal Sexual Activity — First Element The first element of Count Four which the Government must prove beyond a reasonable doubt is that Ms. Maxwell knowingly transported Jane in interstate commerce, as alleged in the Indictment. The phrase, “transport an individual in interstate commerce” means to move or carry, or cause someone to be moved or carried, from one state to another. The Government does not have to prove that Ms. Maxwell personally transported Jane across a State line. It is sufficient to satisfy this element that Ms. Maxwell was actively engaged, either personally or through an agent, in the making of the travel arrangements, such as by purchasing tickets necessary for Jane to travel as planned. Ms. Maxwell must have knowingly transported, or caused the transportation of, Jane in interstate commerce. This means that the Government must prove that Ms. Maxwell knew both that she was causing Jane to be transported, and that Jane was being transported in interstate commerce. As I have explained, an act is done knowingly when it is done voluntarily and intentionally and not because of accident, mistake or some innocent reason. It is the Defendant’s intent that matters here. If the Government establishes each of the elements of this crime beyond a reasonable doubt, then the Defendant is guilty of this charge whether or not the individual agreed or consented to cross state lines. 27 DOJ-OGR- 00008734