Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, April 23, 2007 7:56 PM To: Schultz, Anne (USAFLS) Cc: Yera, E.J. (USAFLS) Subject: RE: Eleventh Circuit Pattern Jury Instructions Hi Annie -- The current version of the jury instruction for violating 18 USC 2422(b) (Offense Instruction 80) is currently drafted for the charge of ATTEMPTED enticement of a minor. Because attempt is a specific intent crime, an attempt requires that the defendant specifically intend to entice someone under 18, and the current pattern instruction includes a willfulness requirement. For the completed offense, however, the defendant only needs to knowingly use a computer to entice someone, and then the government has to prove that the person actually is under 18. The current pattern jury instruction also does not discuss enticement into prostitution. So, the instruction for a completed offense should read: First: That the Defendant knowingly used [the mail] [a computer] [describe other interstate facility as alleged in indictment] to persuade, induce, entice, or coerce an individual to engage in [prostitution] [sexual activity], as charged; Second: That the individual whom the defendant enticed was less than eighteen (18) years of age at the time of the charged offense; And [for cases not involving enticement into prostitution] Third: That the Defendant and the individual engaged in sexual activity for which the Defendant could have been charged with a criminal offense under the law of [identify the state]. EJ and I have gone through all the cases on this for an upcoming indictment, so getting the 11th Circuit's attention would be wonderful. If you want the analysis, please let me know. Thanks. A. Marie Malaita Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 [email protected] From: Schultz, Anne (USAFLS) Sent: Monday, April 23, 2007 11.29 AM To: USAFIS-AUSAs District Cc Curnlck, Janis (USAFLS) Subject Eleventh Circuit Pattern Jury Instructions Judge Mlddlebrooks Informed me on Friday that the Committee that reviews the Eleventh Circuit Pattern Jury Instructions will be meeting next week at the Eleventh Circuit Judicial Conference. The Committee will soon begin reviewing the current instructions, and Judge Middlebrooks has requested our input. If you have suggestions about the instructions as a whole please relay them to me within the next two days so that I can pass our general comments on to Judge Mlddlebrooks before the Judicial Conference. If you have any suggestions as to individuals or groups that the 197 EFTA00179829

Committee should contact for input regarding the instructions, please give me that information in the next two days as well. I would also like your thoughts on instructions that need to be revised or added. While all thoughts are welcome, it would really help if you attached instructions that you think should be included in the Pattern Instructions. Tracking: 198 EFTA00179830