{
  "document_metadata": {
    "page_number": "19",
    "document_number": "410-1",
    "date": "11/04/21",
    "document_type": "Court Document",
    "has_handwriting": false,
    "has_stamps": false
  },
  "full_text": "Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 19 of 93\n\nCount Two: Enticement to Engage in Illegal Sexual Activity- The Elements\nTo prove the defendant guilty of Count Two, the Government must prove each of the following three elements beyond a reasonable doubt:\nFirst, that the defendant knowingly persuaded or induced or enticed an individual [Jane Doe-1 pseudonym] to travel in interstate commerce, namely from Florida to New York, as alleged in the Indictment;\nSecond, that the individual [Jane Doe-1 pseudonym] traveled in interstate commerce from Florida to New York; and\nThird, that the defendant acted with the intent that the individual [Jane Doe-1 pseudonym] would engage in sexual activity with Jeffrey Epstein for which any person can be charged with a criminal offense under New York law.\nCount Two relates to Minor Victim-1 [Jane Doe-1 pseudonym] during the time period 1994 to 1997.\nAdapted from Sand et al., Modern Federal Jury Instructions, Instr. 64-6.\n\nCommented [CE21]: The defense objects to the inclusion of the term \"coerced\" if the proof at trial does not include evidence of the use of force or other coercion\nCommented [RA(22R21]: See comment on page 17\nCommented [CE23]: Count Two refers only to Jane Doe-1\nThe charge should identify Jane Doe-1's pseudonym in the elements of the crime, as opposed to \"an individual,\" to avoid juror confusion and to make clear that Count Two does not involve the other alleged victims. See United States v. Robert Sylvester Kelly, 19 Cr 286 (AMD) (E.D.N.Y.), Jury Instructions at 72-73 (hereinafter \"R. Kelly Jury Instructions,\" attached as Exhibit A) (including first name of alleged victim in description of elements of enticement)\nThe defense accepts the Court's decision regarding the use of pseudonyms but reiterates its objection to the use of pseudonyms to address Jane Doe-1 or any of the other witnesses at trial. See Def's Resp to Gov't's Omnibus Mot in Limine (Dkt 382) at 4-15\nCommented [RA(24R23]: GOVERNMENT RESPONSE: Consistent with the Court's order, the Government agrees that the appropriate pseudonyms should be used in the jury instructions\nThese instructions state the generic elements of the offense, which the conspiracy counts later incorporate Counts Two, Four, and Six are then narrowed to their facts with a sentence at the end of the charge. A jury will not be confused into convicting on conduct relating to a Minor Victim when the instructions say that Count Two relates only to Minor Victim-1\nCommented [CE25]: Count Two only travel \"from Florida to New York.\" New York as the basis for the charge See S2 Ind ¶ 15 The defense anticipates that Jane Doe-1 will testify about traveling to, among other places, Epstein's ranch in New Mexico and California The elements should make clear that the relevant travel for purposes of Count Two is travel from Florida to New York, as alleged in the S2 Indictment\nCommented [RA(26R25]: GOVERNMENT RESPONSE: The jury instructions are intended to specify the elements of the offense and not a particular means of committing the offense The Court should not limit the elements to a particular means, as the defense suggests\nCommented [CE27]: Count Two charges that Ms Maxwell acted with the \"intent that Minor Victim-1 would engage in one or more sex acts with Jeffrey Epstein\" in violation of New York law S2 Ind ¶ 15 (emphasis added) Should Jane Doe-1 testify that Ms Maxwell also engaged in illegal sex acts with her, that is not a basis to convict Ms Maxwell on Count Two, as it is charged in the S2 Indictment Accordingly, the elements of the charge should specify that the relevant sexual activity was with Jeffrey Epstein\nCommented [RA(28R27]: GOVERNMENT RESPONSE: The jury instructions are intended to specify the elements of the offense and not a particular means of committing the offense The Court should not limit the elements to a particular means, as the defense suggests\nDOJ-OGR-00006085",
  "text_blocks": [
    {
      "type": "printed",
      "content": "Case 1:20-cr-00330-PAE Document 410-1 Filed 11/04/21 Page 19 of 93",
      "position": "header"
    },
    {
      "type": "printed",
      "content": "Count Two: Enticement to Engage in Illegal Sexual Activity- The Elements",
      "position": "top"
    },
    {
      "type": "printed",
      "content": "To prove the defendant guilty of Count Two, the Government must prove each of the following three elements beyond a reasonable doubt:",
      "position": "top"
    },
    {
      "type": "printed",
      "content": "First, that the defendant knowingly persuaded or induced or enticed an individual [Jane Doe-1 pseudonym] to travel in interstate commerce, namely from Florida to New York, as alleged in the Indictment;",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "Second, that the individual [Jane Doe-1 pseudonym] traveled in interstate commerce from Florida to New York; and",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "Third, that the defendant acted with the intent that the individual [Jane Doe-1 pseudonym] would engage in sexual activity with Jeffrey Epstein for which any person can be charged with a criminal offense under New York law.",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "Count Two relates to Minor Victim-1 [Jane Doe-1 pseudonym] during the time period 1994 to 1997.",
      "position": "middle"
    },
    {
      "type": "printed",
      "content": "Adapted from Sand et al., Modern Federal Jury Instructions, Instr. 64-6.",
      "position": "bottom"
    },
    {
      "type": "handwritten",
      "content": "",
      "position": ""
    },
    {
      "type": "stamp",
      "content": "DOJ-OGR-00006085",
      "position": "footer"
    }
  ],
  "entities": {
    "people": [
      "Jeffrey Epstein",
      "Jane Doe-1",
      "Robert Sylvester Kelly",
      "R. Kelly",
      "Ms Maxwell"
    ],
    "organizations": [
      "DOJ"
    ],
    "locations": [
      "New York",
      "Florida",
      "New Mexico",
      "California"
    ],
    "dates": [
      "11/04/21",
      "1994",
      "1997"
    ],
    "reference_numbers": [
      "1:20-cr-00330-PAE",
      "410-1",
      "19 Cr 286 (AMD) (E.D.N.Y.)",
      "Dkt 382",
      "S2 Ind ¶ 15"
    ]
  },
  "additional_notes": "The document appears to be a court filing related to a criminal case involving Jeffrey Epstein and Ghislaine Maxwell. The text includes jury instructions and comments from both the defense and the government. There are no visible redactions or damage to the document."
}