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Case 1:20-cr-00330-PAE Document566- Filed 12/28/21 Page/7of7 The Honorable Alison J. Nathan December 27, 2021 Page 7 Proposed Jury Instruction For the reasons set forth above, we request that the Court give the jury the following additional instruction tomorrow: As to the third element of Count Two, you must determine whether the Government has proven beyond a reasonable doubt that the Defendant acted with the intent that Jane would engage in sexual activity within the state of New York in violation of New York Penal Law 130.55. As to the second element of Count Four, you must determine whether the Government has proven beyond a reasonable doubt that the Defendant transported Jane with the intent that Jane would engage in sexual activity within the state of New York in violation of New York Penal Law 130.55. An intent that Jane engage in sexual activity in any state other than New York cannot form the basis of these two elements of Counts Two and Four. Sincerely, /s/ Christian Everdell Christian R. Everdell COHEN & GRESSER LLP 800 Third Avenue, 21st Floor New York, New York 10022 (212) 957-7600 ce: All Counsel of Record (By Email) 2068538.1 DOJ-OGR-00008796