law. 997 F.Supp. at 256. However, when factual issues will determine which 1 law applies, those actual issues must be determined first, see Blome Aerospatiale Helicopter Corp., 924 F.Supp. 805, 14 (D.Tex.1996), and the jury is the finder of fact. Assuming Defendant did intend to have sex with ndblondie2003, and did inten