Epstein Secrets

izes travel for the purpose of knowingly engaging in unlawful sexual activity with minors. United States Hayward, 359 F.3d 631, 638 (3d Cir. 2004); United Stales v Tykarsky, 446 F.3d 458, 471 (3d Cir. 2006). This is the highest level of culpability in the four tier hierarchy of culpability that the Model Pen

ternational travel, left untouched the,standard for domestic travel, and thus underscores the strict standard needed for a prosecution in this area. See United States I Clark, 435 F.3d 1100, 1104- 05 (9°' Cir. 2006). 08-80736-CV-MARRA RFP WPB 000735 EFTA00184609 Case 9:08-cv-80736-KAM Document 361-43 Entered o

thern District of Florida February 1, 2007 Page 22 Clause imposes real limitations on Congress's power to criminalize essentially local behavior. See United States' Morrison, 529 U.S. 598 (2000) (Violence Against Women Act exceeded Congressional power under the Commerce Clause or § 5 of the Fourteenth Amendment)

Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual

received an "aggressive sexual solicitation", in which a predator had asked a young person to meet somewhere or called a young person on the phone. U.S.D.O.J., Office of Justice Programs, OVC Bulletin," Internet Crimes Against Children" (12/2001); www.ohtusdoj.gov/ove/publications/bulletons/internet " 2

with regard to investigating crimes, collecting evidence, identifying and apprehending offenders, and assisting child victims and their families." U.S.D.O.J., Office of Justice Programs, OVC Bulletin, Internet Crimes Against Children, December 2001. Federal lawmakers recognized that while the internet pre

to make out the crime. See United States'. Root, 296 F.3d 1222, 1227-32 (j1 di Cir. 2002); United States' Sims, 428 F.3d 945, 9a9 (10th Cir. 2005); United Stalest. Helder, 452 F.3d 751 (8th Cir. 2006); United States'. Meek, 366 F.3d 705, 717-20 (9th Cir. 2004). Likewise, the Circuits have rejected void for vag

such an expansive reading, even if permissible, would very likely exceed the Commerce Clause power as the Supreme Court presently construes it. In United Statest. , 514 U.S. 549 (1995), the Supreme Court struck down the Gun- Free School Zones Act, holding that it exceeded Congress's Commerce Clause authority.

Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual

able minor and to convince, or to try to convince, her to engage in conduct proscribed by law, the statute may not be unconstitutional on its face. See United States'. Tykarsky, 446 F.3d 458, 470 (3d Cir. 2006) (both §§ 2422(b) and 2423(6) "fall squarely Congress's power to regulate the first two categories of ac

received an "aggressive sexual solicitation", in which a predator had asked a young person to meet somewhere or called a young person on the phone. U.S.D.O.J., Office of Justice Programs, OVC Bulletin," Internet Crimes Against Children" (12/2001); www.oip.usdoj.gov/ovc/aublications/bulletons/intemet " 2 2

tl. Stare, 407 So. 2d 1007, 1010 (Fla. 5th DCA 1981). And "motive is always relevant in a criminal case, even if it is not an element of the crime." United Stalest. Hill, 643 F.3d 807, 843 (11th Cir. 2011) (internal quotation omitted). When speaking not to the Court but rather to the media, Dershowitz has clearl

agent's ensuing report, Rodriguez "discussed in detail the information contained within the book, and identified important information to the UCE." See United States'. Rodriguez, No. 9:10-cr- 80015-KAM, DE 3 at 5 (S.D. Fla. Dec. 9, 2009). While all of the details of the verbal information explained by Rodriguez to

Senate Judiciary Committee held a hearing regarding child endangerment via the Internet. See H.R. Conf. Rep. No. 104-458, at 193 (1996), quoted in United States ' Searcy, 418 F.3d 1193, 1197 (11th Cir. 2005); see also K. Seto, "Note: How Should Legislation Deal with Children and the Victims and Perpetrators

Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual

received an "aggressive sexual solicitation", in which a predator had asked a young person to meet somewhere or called a young person on the phone. U.S.D.O.J., Office of Justice Programs, OVC Bulletin," Internet Crimes Against Children" (12/2001); www.oip.usdoi.gov/ovc/oublications/bulletons/internet " 2

6 artaCirtip L cs uniniun Sat g-ht•ta 4rot fortli bota. 0111- 4 4-ok hewt Subs/aad 44J - rkethot.+- CEPVAIWei uhdu-d 4 La taibanN n Cw- U. S v. euart,S) ) ;tic. F34 irn at. . 2001) rnicisitestomite Sotto-4 4rzur0.0 5 o.ed at:eiribtat4 uncto r ks _ 3Siak aveutyaret also /2.9..a_Je

n writing his belief that he was dealing with a child well below the age of onsent. E.g., lifted States' 7),Icarsky, 44613d 458, 473 (3d Cii 2006); United State' Thomas, 410 3d 1235, 1243-44 (10h Cir. 005); United States Pang supra, 338 3d at 1300-01 (11th Cir. 2003)." " There are approximately two dozen

those who ' owingly' persuade or entice, or attempt If to persuade or entice, minors. United States Bailey, 228 F.3d 637, 639 (611' Cir. 2000). See United States' Panfil, 338 I3d 1D Indeed, this last problem is best illustrated by any calls may claim to have made to solicit persons to massage Mr. Epstein. Th

Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual

received an "aggressive sexual solicitation", in which a predator had asked a young person to meet somewhere or called a young person on the phone. U.S.D.O.J., Office of Justice Programs, 0 VC Bulletin," Internet Crimes Against Children" (12/2001); www.oip.usdoi.gov/ove/publications/bulletons/intemet "2 2

ies to those who `knowingly' persuade or entice, or attempt to persuade or entice minors. United States' Bailey, 228 F.3d 637, 639 (6th Cir. 2000). See United States' Panfil, 338 F.3d 1° indeed, this last problem is best illustrated by any calls Haley Robson may claim to have made to solicit persons to massage Mr

Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual

received an "aggressive sexual solicitation", in which a predator had asked a young person to meet somewhere or called a young person on the phone. U.S.D.O.J., Office of Justice Programs, OVC Bulletin," Internet Crimes Against Children" (12/2001); www.oip.usdoj.gov/ovc/aublications/bulletons/intemet " 2

ly desires that result, whatever the likelihood of that result happening from his conduct." United Stalest Bailey, 444 U.S. 394, 404 (1980), quoting United States' United States Gypsum Co., 438 U.S. 422, 445 (1978).7 The Supreme Court has repeatedly interpreted this language to require that the illegal activity

to which the legislation is addressed. After all, it is a first principle that the Constitution creates a federal government of enumerated powers. See United States v.= 514 U.S. 549, 552 (1995) ("Just as the separation and independence of the coordinate branches of the Federal Government serve to prevent the a

with regard to investigating crimes, collecting evidence, identifying and apprehending offenders, and assisting child victims and their families." U.S.D.O.J., Office of Justice Programs, OVC Bulletin, Internet Crimes Against Children, December 2001. Federal lawmakers recognized that while the internet pre

Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual

received an "aggressive sexual solicitation", in which a predator had asked a young person to meet somewhere or called a young person on the phone. U.S.D.O.J., Office of Justice Programs, OVC Bulletin," Internet Crimes Against Children" (12/2001); www.oip.usdoj.gov/ovc/aublications/bulletons/intemet " 2

Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual

received an "aggressive sexual solicitation", in which a predator had asked a young person to meet somewhere or called a young person on the phone. U.S.D.O.J., Office of Justice Programs, OVC Bulletin," Internet Crimes Against Children" (12/2001); www.oip.usdoi.gov/ovenublications/bulletons/intemet " 2 2