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343 KB
Extraction Summary
2
People
1
Organizations
1
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
343 KB
Summary
This legal document is a jury instruction (Instruction No. 23) from Case 1:20-cr-00330-PAE, filed on December 18, 2021. It specifies that for Counts Two (enticement) and Four (transportation across state lines), the prosecution does not need to prove that the intended sexual activity actually occurred. The crucial element for the jury to consider is whether the Defendant possessed the required criminal intent at the time of the alleged acts.
People (2)
| Name | Role | Context |
|---|---|---|
| Defendant | Defendant |
The subject of the legal instruction, whose intended but unaccomplished sexual activity is discussed in relation to C...
|
| the individual | Victim/Individual |
The person who was allegedly enticed (Count Two) or transported (Count Four) by the Defendant.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| Government | government agency |
The prosecuting party in the case, which does not need to prove that the intended sexual activity was accomplished.
|
Timeline (1 events)
Instruction No. 23 clarifies the legal standard for Counts Two and Four, stating that the failure to accomplish the intended sexual activity is not a defense and is immaterial to the charges. The key element is the defendant's intent at the time of the alleged enticement or transportation.
Locations (1)
| Location | Context |
|---|---|
|
Mentioned in the context of the transportation charge for Count Four.
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Relationships (1)
The document describes the Defendant's alleged actions of enticing or transporting 'the individual' across state lines for the purpose of a criminal offense.
Key Quotes (3)
"it is not a defense that the sexual activity which may have been intended by the Defendant was not accomplished."Source
— The Court (implied)
(A direct instruction regarding the charges in Counts Two and Four.)
DOJ-OGR-00008651.jpg
Quote #1
"it is not necessary for the Government to prove that anyone, in fact, engaged in any sexual activity"Source
— The Court (implied)
(Clarifying the burden of proof for the prosecution regarding the outcome of the defendant's alleged intent.)
DOJ-OGR-00008651.jpg
Quote #2
"It is enough if the Defendant has the requisite intent at the time of the enticement or transportation."Source
— The Court (implied)
(Stating the essential element that the prosecution must prove for Counts Two and Four.)
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Quote #3
Full Extracted Text
Complete text extracted from the document (755 characters)
Case 1:20-cr-00330-PAE Document 563 Filed 12/18/21 Page 113 of 167
1 Instruction No. 23: Counts Two and Four: Failure to Accomplish Intended Activity is
2 Immaterial
2 Immaterial
3 Now, with respect to Counts Two and Four, it is not a defense that the sexual activity
4 which may have been intended by the Defendant was not accomplished.
5 In other words, it is not necessary for the Government to prove that anyone, in fact,
6 engaged in any sexual activity for which any person can be charged with a criminal offense with
7 the individual after she was enticed, for Count Two, or transported, for Count Four, across state
8 lines. It is enough if the Defendant has the requisite intent at the time of the enticement or
9 transportation.
30
DOJ-OGR-00008651
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