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10 11 12 13 14 15 16 17 Case 1:20-cr-00330-PAE Document565- Filed 12/19/21 Page 29 of 83 Instruction No. 21: Count Four: Transportation of an Individual Under the Age of 17 to Engage in Illegal Sexual Activity — Second Element The second element of Count Four which the Government must prove beyond a reasonable doubt is that Ms. Maxwell knowingly transported Jane in interstate commerce with the intent that Jane engage in sexual activity for which any person can be charged with a criminal offense in violation of New York law. Like Count Two, Count Four alleges sexual activity for which an individual could be charged with a violation of New York Penal Law, Section 130.55, Sexual Abuse in the Third Degree. I have already instructed you regarding that crime, and those instructions apply equally here. 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 transporting Jane 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 Jane’s 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. 28 DOJ-OGR-00008735