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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff,

v. 

Michael Lacey, et al.,

Defendants.

No. CR-18-00422-001-PHX-DJH

FINAL JURY INSTRUCTIONS

The Court administered the following jury instructions to assist the jury in its 

deliberations in this case. 

Dated this 16th day of November, 2023.

Honorable Diane J. Humetewa

United States District Judge

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Members of the jury, now that you have heard all the evidence, it is my duty to 

instruct you on the law that applies to this case. A copy of these instructions will be 

available in the jury room for you to consult.

It is your duty to weigh and to evaluate all the evidence received in the case and, in 

that process, to decide the facts. It is also your duty to apply the law as I give it to you to 

the facts as you find them, whether you agree with the law or not. You must decide the 

case solely on the evidence and the law. You will recall that you took an oath promising 

to do so at the beginning of the case. You should also not be influenced by any person’s 

race, color, religious beliefs, national ancestry, sexual orientation, gender identity, gender, 

or economic circumstances. Also, do not allow yourself to be influenced by personal likes 

or dislikes, sympathy, prejudice, fear, public opinion, or biases, including unconscious 

biases. Unconscious biases are stereotypes, attitudes, or preferences that people may 

consciously reject but may be expressed without conscious awareness, control, or intention. 

You must follow all these instructions and not single out some and ignore others; 

they are all important. Please do not read into these instructions or into anything I may 

have said or done as any suggestion as to what verdict you should return—that is a matter 

entirely up to you.

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The indictment is not evidence. Defendants have pleaded not guilty to the charges. 

Each defendant is presumed to be innocent unless and until the United States proves the 

defendant guilty beyond a reasonable doubt. In addition, none of the defendants have to 

testify or present any evidence. The defendants do not have to prove innocence; the United 

States has the burden of proving every element of the charges beyond a reasonable doubt. 

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A defendant in a criminal case has a constitutional right not to testify. In arriving 

at your verdict, the law prohibits you from considering in any manner that the defendant 

did not testify.

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Proof beyond a reasonable doubt is proof that leaves you firmly convinced that a

defendant is guilty. It is not required that the government prove guilt beyond all possible 

doubt. 

A reasonable doubt is a doubt based upon reason and common sense and is not based 

purely on speculation. It may arise from a careful and impartial consideration of all the 

evidence, or from lack of evidence.

If after a careful and impartial consideration of all the evidence, you are not 

convinced beyond a reasonable doubt that a defendant is guilty, it is your duty to find the 

defendant not guilty. On the other hand, if after a careful and impartial consideration of all 

the evidence, you are convinced beyond a reasonable doubt that a defendant is guilty, it is 

your duty to find the defendant guilty. 

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The evidence you are to consider in deciding what the facts are consists of:

First, the sworn testimony of any witness; and

Second, the exhibits received in evidence.

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In reaching your verdict you may consider only the testimony and exhibits received 

in evidence. The following things are not evidence, and you may not consider them in 

deciding what the facts are:

1. Questions, statements, objections, and arguments by the lawyers are 

not evidence. The lawyers are not witnesses. Although you must 

consider a lawyer’s questions to understand the answers of a witness, 

the lawyer’s questions are not evidence. Similarly, what the lawyers 

have said in their opening statements, will say in their closing 

arguments, and have said at other times is intended to help you 

interpret the evidence, but it is not evidence. If the facts as you 

remember them differ from the way the lawyers state them, your 

memory of them controls.

2. Any testimony that I have excluded, stricken, or instructed you to 

disregard is not evidence. In addition, some evidence was received 

only for a limited purpose; when I have instructed you to consider 

certain evidence in a limited way, you must do so.

3. Anything you may have seen or heard when the court was not in 

session is not evidence. You are to decide the case solely on the 

evidence received at the trial.

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Evidence may be direct or circumstantial. Direct evidence is direct proof of a fact, 

such as testimony by a witness about what that witness personally saw or heard or did. 

Circumstantial evidence is indirect evidence, that is, it is proof of one or more facts from 

which you can find another fact. 

You are to consider both direct and circumstantial evidence. Either can be used to 

prove any fact. The law makes no distinction between the weight to be given to either 

direct or circumstantial evidence. It is for you to decide how much weight to give to any 

evidence. 

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In deciding the facts in this case, you may have to decide which testimony to believe 

and which testimony not to believe. You may believe everything a witness says, or part of 

it, or none of it. In considering the testimony of any witness, you may take into account

the following:

First, the opportunity and ability of the witness to see or hear or know the 

things testified to;

Second, the witness’s memory;

Third, the witness’s manner while testifying;

Fourth, the witness’s interest in the outcome of the case, if any;

Fifth, the witness’s bias or prejudice, if any;

Sixth, whether other evidence contradicted the witness’s testimony;

Seventh, the reasonableness of the witness’s testimony in light of all the 

evidence; and

Eighth, any other factors that bear on believability.

Sometimes a witness may say something that is not consistent with something else 

he or she said. Sometimes different witnesses will give different versions of what 

happened. People often forget things or make mistakes in what they remember. Also, two 

people may see the same event but remember it differently. You may consider these 

differences, but do not decide that testimony is untrue just because it differs from other 

testimony.

However, if you decide that a witness has deliberately testified untruthfully about

something important, you may choose not to believe anything that witness said. On the 

other hand, if you think the witness testified untruthfully about some things but told the 

truth about others, you may accept the part you think is true and ignore the rest.

The weight of the evidence as to a fact does not necessarily depend on the number 

of witnesses who testify. What is important is how believable the witnesses were, and how 

much weight you think their testimony deserves.

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You have heard evidence that Carl Ferrer, a witness, made prior statements under 

oath that were inconsistent with his testimony at trial. You may consider this evidence in 

deciding whether or not to believe this witness and how much weight to give to the 

testimony of this witness.

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You have heard testimony from Carl Ferrer and Dan Hyer, witnesses who received 

favored treatment from the government in connection with this case and pleaded guilty to a 

crime arising out of the same events for which the defendants are on trial. These guilty pleas

are not evidence against the defendants, and you may consider Carl Ferrer and Dan Hyer’s 

pleas only in determining their believability.

For these reasons, in evaluating the testimony of Carl Ferrer and Dan Hyer, you 

should consider the extent to which or whether their testimony may have been influenced by

their pleas. In addition, you should examine the testimony of Carl Ferrer and Dan Hyer with 

greater caution than that of other witnesses.

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You have heard testimony from Kimberly Mehlman-Orozco, who testified about 

her opinions and the reasons for those opinions. This opinion testimony is allowed because 

of the specialized knowledge, skill, experience, training, or education of this witness. 

Such opinion testimony should be judged like any other testimony. You may accept 

it or reject it, and give it as much weight as you think it deserves, considering the witness’s 

knowledge, skill, experience, training, or education, the reasons given for the opinion, and 

all the other evidence in the case.

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During the trial, certain charts and summaries were shown to you to help explain 

the evidence in the case. These charts and summaries were not admitted into evidence and 

will not go into the jury room with you. They are not themselves evidence or proof of any 

facts. If they do not correctly reflect the facts or figures shown by the evidence in the case, 

you should disregard these charts and summaries and determine the facts from the 

underlying evidence. 

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Certain charts and summaries have been admitted into evidence. Charts and 

summaries are only as good as the underlying supporting material. You should, therefore, 

give them only such weight as you think the underlying material deserves.

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You are here only to determine whether the defendants are guilty or not guilty of the 

charges in the indictment. The defendants are not on trial for any conduct or offense not 

charged in the indictment.

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A separate crime is charged against one or more of the defendants in each count. 

The charges have been joined for trial. You must decide the case of each defendant on 

each crime charged against that defendant separately. Your verdict on any count as to any 

defendant should not control your verdict on any other count or as to any other defendant.

All the instructions apply to each defendant and to each count unless a specific 

instruction states that it applies only to a specific defendant and count.

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The indictment charges that the offenses alleged were committed “on or about” a 

certain date.

Although it is necessary for the government to prove beyond a reasonable doubt that 

the offense was committed on a date reasonably near the date alleged in the indictment, it 

is not necessary for the government to prove that the offense was committed precisely on 

the date charged. 

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When you begin your deliberations, elect one member of the jury as your foreperson 

who will preside over the deliberations and speak for you here in court.

You will then discuss the case with your fellow jurors to reach agreement if you can 

do so. Your verdict, whether guilty or not guilty, must be unanimous.

Each of you must decide the case for yourself, but you should do so only after you 

have considered all the evidence, discussed it fully with the other jurors, and listened to the 

views of your fellow jurors.

Do not be afraid to change your opinion if the discussion persuades you that you 

should. But do not come to a decision simply because other jurors think it is right.

It is important that you attempt to reach a unanimous verdict but, of course, only if 

each of you can do so after having made your own conscientious decision. Do not change 

an honest belief about the weight and effect of the evidence simply to reach a verdict.

Perform these duties fairly and impartially. You should also not be influenced by 

any person’s race, color, religious beliefs, national ancestry, sexual orientation, gender 

identity, gender, or economic circumstances. Also, do not allow yourself to be influenced 

by personal likes or dislikes, sympathy, prejudice, fear, public opinion, or biases, including 

unconscious biases. Unconscious biases are stereotypes, attitudes, or preferences that 

people may consciously reject but may be expressed without conscious awareness, control, 

or intention.

It is your duty as jurors to consult with one another and to deliberate with one 

another with a view towards reaching an agreement if you can do so. During your 

deliberations, you should not hesitate to reexamine your own views and change your 

opinion if you become persuaded that it is wrong. 

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Because you must base your verdict only on the evidence received in the case and 

on these instructions, I remind you that you must not be exposed to any other information 

about the case or to the issues it involves. Except for discussing the case with your fellow 

jurors during your deliberations:

Do not communicate with anyone in any way and do not let anyone else 

communicate with you in any way about the merits of the case or anything 

to do with it. This restriction includes discussing the case in person, in 

writing, by phone, tablet, computer, or any other means, via email, text 

messaging, or any Internet chat room, blog, website or any other forms of 

social media. This restriction applies to communicating with your family 

members, your employer, the media or press, and the people involved in the 

trial. If you are asked or approached in any way about your jury service or 

anything about this case, you must respond that you have been ordered not 

to discuss the matter and to report the contact to the court. 

Do not read, watch, or listen to any news or media accounts or commentary 

about the case or anything to do with it; do not do any research, such as 

consulting dictionaries, searching the Internet or using other reference 

materials; and do not make any investigation or in any other way try to learn 

about the case on your own. 

The law requires these restrictions to ensure the parties have a fair trial based on the 

same evidence that each party has had an opportunity to address. A juror who violates 

these restrictions jeopardizes the fairness of these proceedings , and a mistrial could result 

that would require the entire trial process to start over. If any juror is exposed to any outside 

information, please notify the court immediately.

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Some of you have taken notes during the trial. Whether or not you took notes, you 

should rely on your own memory of what was said. Notes are only to assist your memory. 

You should not be overly influenced by your notes or those of your fellow jurors. 

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The punishment provided by law for this crime is for the court to decide. You may 

not consider punishment in deciding whether the government has proved its case against 

the defendant beyond a reasonable doubt.

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A verdict form has been prepared for you. After you have reached unanimous 

agreement on a verdict, your foreperson should complete the verdict form according to 

your deliberations, sign and date it, and advise the Courtroom Deputy that you are ready to 

return to the courtroom.

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If it becomes necessary during your deliberations to communicate with me, you may 

send a note through the Courtroom Deputy signed by any one or more of you. No member 

of the jury should ever attempt to communicate with me except by a signed writing, and I

will respond to the jury concerning the case only in writing or here in open court. If you 

send out a question, I will consult with the lawyers before answering it, which may take 

some time. You may continue your deliberations while waiting for the answer to any 

question. Remember that you are not to tell anyone—including me—how the jury stands, 

numerically or otherwise, on any question submitted to you, including the question of the 

guilt of the defendant, until after you have reached a unanimous verdict or have been 

discharged.

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The defendants are charged in Count 1 of the indictment with conspiring to violate 

the Travel Act in violation of Section 1952(a)(3)(A) of Title 18 of the United States Code. 

For a defendant to be found guilty of that charge, the United States must prove each of the 

following elements beyond a reasonable doubt with respect to that defendant:

First, beginning in or around 2004, and ending on or about April 2018, there was an 

agreement between two or more persons to commit at least one Travel Act offense as 

charged in Counts 2-51 of the indictment by promoting, or facilitating the promotion of, a 

business enterprise or enterprises involving prostitution offenses in violation of the laws of 

the State in which they were committed, in violation of 18 U.S.C. § 1952(a)(3)(A) and 

§ 1952(b)(i)(1); 

Second, the defendant became a member of the conspiracy knowing of at least one 

of its objects and intending to help accomplish it; and

Third, one of the members of the conspiracy performed at least one overt act on or 

after March 28, 2013, for the purpose of carrying out the conspiracy.

A conspiracy is a kind of criminal partnership—an agreement of two or more 

persons to commit one or more crimes. The crime of conspiracy is the agreement to do 

something unlawful; it does not matter whether the crime agreed upon was committed.

For a conspiracy to have existed, it is not necessary that the conspirators made a 

formal agreement or that they agreed on every detail of the conspiracy. It is not enough, 

however, that they simply met, discussed matters of common interest, acted in similar 

ways, or perhaps helped one another. You must find that there was a plan to commit at 

least one of the crimes alleged in the indictment as an object of the conspiracy with all of 

you agreeing as to the particular crime, i.e. the Travel Act violations, which the 

conspirators agreed to commit.

One becomes a member of a conspiracy by willfully participating in the unlawful 

plan with the intent to advance or further some object or purpose of the conspiracy, even 

though the person does not have full knowledge of all the details of the conspiracy. 

Furthermore, one who willfully joins an existing conspiracy is as responsible for it as the 

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originators. On the other hand, one who has no knowledge of a conspiracy, but happens to 

act in a way which furthers some object or purpose of the conspiracy, does not thereby 

become a conspirator. Similarly, a person does not become a conspirator merely by 

associating with one or more persons who are conspirators, nor merely by knowing that a 

conspiracy exists.

In determining the issue of what a person knew or what a person intended at a 

particular time, you may consider any statements made or acts done or omitted by that 

person and all other facts and circumstances received in evidence which may aid in your 

determination of that person’s knowledge or intent.

An overt act does not itself have to be unlawful. A lawful act may be an element of 

a conspiracy if it was done for the purpose of carrying out the conspiracy. The United States 

is not required to prove that the defendant personally did one of the overt acts.

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A conspiracy may continue for a long period of time and may include the 

performance of many transactions. It is not necessary that all members of the conspiracy 

join it at the same time, and one may become a member of a conspiracy without full 

knowledge of all the details of the unlawful scheme or the names, identities, or locations 

of all of the other members.

Even though a defendant did not directly conspire with every other defendant or 

every other conspirator in the overall scheme, that defendant has, in effect, agreed to 

participate in the conspiracy if the government proves each of the following beyond a 

reasonable doubt:

First, that a defendant directly conspired with one or more conspirators to carry out 

at least one of the objects of the conspiracy;

Second, that a defendant knew or had reason to know that other conspirators were 

involved with those with whom the defendant directly conspired; and

Third, that a defendant had reason to believe that whatever benefits the defendant 

might get from the conspiracy probably were dependent upon the success of the entire 

enterprise.

It is not a defense that a person’s participation in a conspiracy was minor or for a 

short period of time.

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Each member of the conspiracy is responsible for the actions of the other 

conspirators performed during the course and in furtherance of the conspiracy. If one 

member of a conspiracy commits a crime in furtherance of a conspiracy, the other members 

have also, under the law, committed that crime.

Therefore, you may find a defendant guilty of committing a Travel Act crime as 

charged in Counts 2-51 of the indictment if the United States has proved each of the 

following elements beyond a reasonable doubt:

First, a member of the conspiracy committed a Travel Act offense alleged in one of 

the Counts;

Second, that person was a member of the conspiracy charged in Count 1 of the 

indictment;

Third, that person committed the Travel Act offense in furtherance of the 

conspiracy;

Fourth, a defendant was a member of the same conspiracy at the time the Travel Act 

offense was committed; and

Fifth, that Travel Act offense fell within the scope of the unlawful agreement and 

could reasonably have been foreseen to be a necessary or natural consequence of the 

unlawful agreement.

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Each member of the conspiracy is responsible for the actions of the other 

conspirators performed during the course and in furtherance of the conspiracy. If one 

member of a conspiracy commits a crime in furtherance of a conspiracy, the other members 

have also, under the law, committed that crime.

Therefore, you may find a defendant guilty of committing a Concealment Money 

Laundering crime as charged in Counts 53-62 of the indictment if the United States has 

proved each of the following elements beyond a reasonable doubt:

First, a member of the conspiracy committed a Concealment Money Laundering 

offense alleged in one of the Counts;

Second, that person was a member of the conspiracy charged in Count 52 of the 

indictment;

Third, that person committed the Concealment Money Laundering offense in 

furtherance of the conspiracy;

Fourth, a defendant was a member of the same conspiracy at the time the 

Concealment Money Laundering offense was committed; and

Fifth, the Concealment Money Laundering offense fell within the scope of the 

unlawful agreement and could reasonably have been foreseen to be a necessary or natural 

consequence of the unlawful agreement.

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Each member of the conspiracy is responsible for the actions of the other 

conspirators performed during the course and in furtherance of the conspiracy. If one 

member of a conspiracy commits a crime in furtherance of a conspiracy, the other members 

have also, under the law, committed that crime.

Therefore, you may find a defendant guilty of committing an International 

Promotional Money Laundering crime as charged in Counts 63-68 of the indictment if the 

United States has proved each of the following elements beyond a reasonable doubt:

First, a member of the conspiracy committed an International Promotional Money 

Laundering offense alleged in one of the Counts;

Second, that person was a member of the conspiracy charged in Count 52 of the 

indictment;

Third, that person committed the International Promotional Money Laundering 

offense in furtherance of the conspiracy;

Fourth, a defendant was a member of the same conspiracy at the time the 

International Promotional Money Laundering offense was committed; and

Fifth, the International Promotional Money Laundering offense fell within the scope 

of the unlawful agreement and could reasonably have been foreseen to be a necessary or 

natural consequence of the unlawful agreement.

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The defendants are charged in Counts 2-51 of the indictment with violating Section 

1952(a)(3) of Title 18 of the United States Code, a statute also referred to as “the Travel 

Act.” In order for the defendants to be found guilty of Counts 2-51, the United States must 

prove, for each count, the following elements beyond a reasonable doubt:

First, the defendant used any facility in interstate commerce with the specific intent 

to promote or facilitate the promotion of any business enterprise involving prostitution 

offenses in violation of the laws of the State in which they are committed (as specified 

below), and

Second, after doing so the defendant performed an act that did promote or facilitate 

the promotion, of any business enterprise involving prostitution offenses, specifically, by 

publishing on Backpage.com the ads listed in Counts 2-51 of the indictment.

To prove specific intent, the government must establish that each defendant in some 

significant manner associated himself or herself with the purpose of promoting or

facilitating the promotion of any business enterprise involving prostitution offenses that 

the defendant knew to be unlawful under state law.

In the context of this Travel Act case, the terms to “promote” or “facilitate the 

promotion of” means intentionally helping someone else commit a prostitution offense in 

violation of state law.

The phrase “Business enterprise,” means a continuous course of criminal conduct, 

that is, engaging or planning to engage in two or more violations of law, rather than a 

sporadic, casual, individual, or isolated violation.

The phrase “uses any facility in interstate commerce” as used in the Travel Act, 18 

U.S.C. § 1952(a), means employing or utilizing any method of communication or 

transportation between one state and another, and includes, for example, the use of 

telephones, mails, and the Internet. 

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Counts 2, 4, 27, 29-30, 33, 35, 37, 40 and 43 concern prostitution offenses in 

violation of the laws of the State of Massachusetts. A prostitution offense in Massachusetts 

occurs when:

(1) A person engaged, agreed to engage, or offered to engage, in sexual conduct 

with another person; and 

(2) The sexual conduct was, or was to be, done in return for a fee.

The term “sexual conduct” includes sexual intercourse; anal intercourse; fellatio, or 

oral sex involving contact between the mouth of one person and the penis of another 

person; cunnilingus, or oral sex involving contact between the mouth of one person and 

the female sex organs—the vagina, vulva or labia—of another person; masturbation of 

another person; or any intrusion of a part of one person’s body or some other object into 

the genital or anal opening of another person’s body. 

Counts 3, 6-11, 18, 25-26, and 28 concern prostitution offenses in violation of the 

laws of the State of Washington. A prostitution offense in Washington occurs when:

(1) A person engaged, agreed to engage, or offered to engage in sexual conduct with 

another person; and

(2) The sexual conduct, agreement, or offer was in return for a fee.

“Sexual conduct” means sexual contact or sexual intercourse. “Sexual contact” 

means any touching of the sexual or other intimate parts of a person done for the purpose 

of gratifying sexual desire of either party or a third party. “Sexual intercourse” means that 

the sexual organ of the male entered and penetrated the sexual organ of the female and 

occurs upon any penetration, however slight, or any penetration of the vagina or anus 

however slight, by an object, when committed on one person by another, whether such 

persons are of the same or opposite sex, or any act of sexual contact between persons 

involving the sex organs of one person and the mouth or anus of another whether such 

persons are of the same or opposite sex. 

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Counts 14-15, 21-22, and 31 concern prostitution offenses in violation of the laws 

of the State of Arizona. A prostitution offense in Arizona occurs when:

A person knowingly engaged, agreed, or offered to engage in sexual conduct with 

another person under a fee arrangement with any person for money or any other valuable 

consideration.

“Sexual conduct” means sexual contact, sexual intercourse, oral sexual contact, or 

sadomasochistic abuse.

“Sexual contact” means any direct or indirect fondling or manipulating of any part 

of the genitals, anus or female breast.

“Sexual intercourse” means penetration into the penis, vulva or anus by any part of 

the body or by an object.

“Oral sexual contact” means oral contact with the penis, vulva or anus.

“Sadomasochistic abuse” means flagellation or torture by or on a person who is 

nude or clad in undergarments or in revealing or bizarre costume or the condition of being 

fettered, bound or otherwise physically restrained on the part of one so clothed. 

Counts 12-13, 23, and 34 concern prostitution offenses in violation of the laws of 

the State of California. A prostitution offense in California occurs when:

An individual solicits, or agrees to engage in, or engages in, any act of prostitution 

with the intent to receive compensation, money, or anything of value from another person.

An act of prostitution occurs when a person has sexual intercourse or does a lewd 

act with someone else in exchange for money or other compensation. A lewd act means 

touching the genitals, buttocks, or female breast of either the prostitute or customer with 

some part of the other person’s body for the purpose of sexual arousal or gratification. 

Counts 45-47 and 51 concern prostitution offenses in violation of the laws of the 

State of New York. A prostitution offense in New York occurs when:

A person engaged, agreed, or offered to engage, in sexual conduct with another 

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person for a fee. 

Counts 19-20 and 50 concern prostitution offenses in violation of the laws of the 

State of Texas. A prostitution offense in Texas occurs when:

A person knowingly offers or agrees to receive a fee from another to engage in 

sexual conduct. 

“Sexual conduct” includes deviate sexual intercourse, sexual contact, and sexual 

intercourse.

“Sexual intercourse” means any penetration of the female sex organ by the male sex 

organ.

“Sexual contact” means any touching of the anus, breast, or any part of the genitals 

of another person with intent to arouse or gratify the sexual desire of any person.

“Fee” means the payment or offer of payment in the form of money, goods, services, 

or other benefit.

“Deviate sexual intercourse” means any contact between the genitals of one person 

and the mouth or anus of another person.

A person acts knowingly, or with knowledge, with respect to the nature of his/her 

conduct or to circumstances surrounding his/her conduct when he/she is aware of the nature 

of his/her conduct or that the circumstances exist. 

Counts 16-17 concern prostitution offenses in violation of the laws of the State of 

Colorado. A prostitution offense occurs in Colorado when: 

A person performed, offered, or agreed to perform, any act of sexual intercourse, 

fellatio, cunnilingus, masturbation, or anal intercourse, with any person who was not his or 

her spouse, in exchange for money or other thing of value.

Or when:

A person solicited another for the purpose of prostitution.

Colorado law provides the following definitions:

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“Anal intercourse” means contact between human beings of the genital organs of 

one and the anus of another.

“Fellatio” means any act of oral stimulation of the penis.

“Cunnilingus” means any act of oral stimulation of the vulva or clitoris.

“Masturbation” means stimulation of the genital organs by manual or other bodily 

contact exclusive of sexual intercourse.

“Thing of value” includes real property, tangible and intangible personal property, 

contract rights, choses in action, services, confidential information, medical records 

information, and any rights of use or enjoyment connected therewith.

Counts 38 and 42 concern prostitution offenses in violation of the laws of the State 

of Ohio. A prostitution offense occurs in Ohio when:

A person engaged in sexual activity for hire.

Or when:

A person recklessly induces, entices, or procures another to engage in sexual activity 

for hire in exchange for the person giving anything of value to the other person.

Ohio law provides the following definitions:

“Sexual activity” means sexual conduct or sexual contact, or both. 

“Sexual conduct” means vaginal intercourse between a male and female; anal 

intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without 

privilege to do so, the insertion, however slight, of any part of the body or any instrument, 

apparatus, or other object into the vaginal or anal opening of another. Penetration, however 

slight, is sufficient to complete vaginal or anal intercourse.

“Sexual contact” means any touching of an erogenous zone of another, including 

without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a 

breast, for the purpose of sexually arousing or gratifying either person.

“For hire” means for pay or compensation.

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Counts 36 and 49 concern prostitution offenses in violation of the laws of the State 

of Nevada. A prostitution offense in Nevada occurs when:

A person engaged in prostitution or solicitation therefor, except in a licensed house 

of prostitution. 

“Prostitution” means engaging in sexual conduct with another person in return for 

a fee, monetary consideration or other thing of value.

“Sexual conduct” means sexual intercourse, oral-genital contact or any touching of 

the sexual organs or other intimate parts of a person for the purpose of arousing or 

gratifying the sexual desire of either person.

Counts 24 and 44 concern prostitution offenses in violation of the laws of the State 

of Michigan. A prostitution offense in Michigan occurs when:

A person engaged or offered to engage the services of another person, not his or her 

spouse, for the purpose of prostitution, lewdness, or assignation, by the payment in money 

or other forms of consideration. 

Count 32 concerns prostitution offenses in violation of the laws of the State of 

Louisiana. A prostitution offense in Louisiana occurs when: 

A person engaged in indiscriminate sexual intercourse for compensation, or 

solicited another with the intent to engage in indiscriminate sexual intercourse for 

compensation.

“Sexual intercourse” means anal, oral, or vaginal sexual intercourse. 

Count 48 concerns prostitution offenses in violation of the laws of the State of 

Florida. A prostitution offense in Florida occurs when:

A person offered to commit, committed, or engaged in prostitution, lewdness, or 

assignation. 

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A person solicited, induced, enticed, or procured another to commit prostitution, 

lewdness, or assignation.

“Prostitution” is the giving or receiving of the body for sexual activity for hire but 

excludes sexual activity between spouses.

“Lewdness” is any indecent or obscene act. “Indecent” means wicked, lustful, 

unchaste, licentious, or sensual intention on the part of the person doing the act.

“Sexual activity” means oral, anal, or vaginal penetration by, or union with, the 

sexual organ of another; anal or vaginal penetration of another by any other object; or the 

handling or fondling of the sexual organ of another for the purpose of masturbation; 

however, the term does not include acts done for bona fide medical purposes.

“Assignation” includes the making of any appointment or engagement for 

prostitution or lewdness or any act in furtherance of such appointment or engagement.

To “solicit” means to command, encourage, hire, or request another person to 

engage in specific conduct.

To “procure” means to persuade, induce, prevail upon or cause a person to do 

something.

Count 39 concerns prostitution offenses in violation of the laws of the State of 

Alabama. A prostitution offense in Alabama occurs under any of the following:

(1) A person commits an act of prostitution, which is . any natural or unnatural 

sexual act, sodomy, or sexual contact for monetary consideration or other thing of value.

(2) A person solicited, compelled, or coerced any person to have sexual 

intercourse or participate in any natural or unnatural sexual act, deviant sexual intercourse, 

or sexual contact for monetary consideration or other thing of marketable value.

(3) A person agreed to engage in sexual intercourse, deviant sexual intercourse, 

or sexual contact with another or participate in the act for monetary consideration or other 

thing of marketable value and give or accept monetary consideration or other thing of value 

in furtherance of the agreement. 

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(4) A person knowingly did any of the following:

a) Caused or aided a person to commit or engage in prostitution.

b) Procured or solicited patrons for prostitution.

c) Provided persons or premises for prostitution purposes.

d) Received or accepted money or other thing of value pursuant to a prior 

agreement with any person whereby he or she participated or is to 

participate in the proceeds of any prostitution activity.

e) Operated or assisted in the operation of a house of prostitution or a 

prostitution enterprise. 

Count 41 concerns prostitution offenses in violation of the laws of the State of 

Arkansas. A prostitution offense in Arkansas occurs when:

A person engaged in, agreed, or offered to engage in sexual activity with any other 

person in return for or in expectation of a fee. 

“Sexual activity” means sexual intercourse, deviate sexual activity, or sexual 

contact.

“Sexual intercourse” means penetration, however slight, of the labia majora by a 

penis.

“Deviate sexual activity” means any act of sexual gratification involving: (A) the 

penetration, however slight, of the anus or mouth of a person by the penis of another person; 

or (B) the penetration, however slight, of the labia majora or anus of a person by any body 

member or foreign instrument manipulated by another person.

“Sexual contact” means any act of sexual gratification involving the touching, 

directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast 

of a female.

Count 5 concerns prostitution offenses in violation of the laws of the State of Maine. 

A prostitution offense in Maine occurs when: 

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A person engages in, or agrees to engage in, or offers to engage in a sexual act or 

sexual contact in return for a pecuniary benefit to be received by the person engaging in 

prostitution or a 3rd person.

“Sexual act” means: (1) Any act between 2 persons involving direct physical contact 

between the genitals of one and the mouth or anus of the other, or direct physical contact 

between the genitals of one and the genitals of the other; (2) Any act between a person and 

an animal being used by another person which act involves direct physical contact between 

the genitals of one and the mouth or anus of the other, or direct physical contact between 

the genitals of one and the genitals of the other; or (3) Any act involving direct physical 

contact between the genitals or anus of one and an instrument or device manipulated by 

another person when that act is done for the purpose of arousing or gratifying sexual desire 

or for the purpose of causing bodily injury or offensive physical contact.

“Sexual contact” means any touching of the genitals or anus, directly or through 

clothing, other than as would constitute a sexual act, for the purpose of arousing or 

gratifying sexual desire or for the purpose of causing bodily injury or offensive physical 

contact.

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The United States does not have to prove that the referenced states’ laws were 

actually violated, only that each defendant had intent to promote, manage, establish, carry 

on, or facilitate the promotion, management, establishment, or carrying on, of any business 

enterprise involving prostitution offenses in violation of state law, and committed a 

subsequent overt act in furtherance of the unlawful activity.

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Defendants are charged with violating the Travel Act by facilitating state-law 

prostitution offenses, conspiracy to violate the Travel Act, and money laundering. 

Although some testimony and evidence in the trial occasionally may refer to “human 

trafficking,” “sex trafficking,” or “child sex trafficking,” no defendant is charged with 

crimes of “human trafficking,” “sex trafficking,” or “child sex trafficking” or with 

facilitating those crimes. So, you should not conclude from any use of those terms during 

the trial that any defendant has been charged with a trafficking crime or facilitating a 

trafficking crime.

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Defendants Lacey, Spear, and Brunst are charged in Counts 53-62 of the indictment 

with Concealment Money Laundering in violation of Section 1956(a)(1)(B)(i) of Title 18 

of the United States Code. For a defendant to be found guilty of that charge, the United 

States must prove, for each Count, each of the following elements beyond a reasonable 

doubt with respect to that defendant: 

First, the defendant conducted a financial transaction involving property that 

represented the proceeds of a violation or violations of the Travel Act;

Second, the defendant knew that the property represented the proceeds of some form 

of unlawful activity; and

Third, the defendant knew that the transaction was designed in whole or in part to 

conceal and disguise the nature, the location, the source, the ownership, or the control of 

the proceeds of the Travel Act violation(s).

A financial transaction is a transaction involving the movement of funds by wire or 

other means that affects interstate or foreign commerce in any way.

The phrase “knew that the property represented the proceeds of some form of 

unlawful activity” means that the defendant knew that the property involved in the 

transaction represented proceeds from some form, though not necessarily which form, of 

activity that constitutes a felony. I instruct you that violating the Travel Act is a felony.

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Defendants Lacey, Brunst, and Spear are charged in Counts 63–68 of the indictment 

with transporting funds to promote unlawful activity in violation of Section 1956(a)(2)(A) 

of Title 18 of the United States Code. For a defendant to be found guilty of that charge, 

the United States must prove, for each Count, each of the following elements beyond a 

reasonable doubt with respect to that defendant:

First, the defendant transported money from a place in the United States to or 

through a place outside the United States or to a place in the United States from or through 

a place outside the United States; and

Second, the defendant acted with the intent to promote a violation of the Travel Act.

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Defendant Lacey is charged in Count 100 of the indictment with transporting money 

for the purpose of laundering in violation of Section 1956(a)(2)(B) of Title 18 of the United 

States Code. For defendant Lacey to be found guilty of that charge, the United States must 

prove each of the following elements beyond a reasonable doubt:

First, defendant Lacey transported money from a place in the United States to or 

through a place outside the United States;

Second, defendant Lacey knew that the money represents the proceeds of a violation 

or violations of the Travel Act; and

Third, defendant Lacey knew the transportation was designed in whole or in part to 

conceal or disguise the nature, location, source, ownership, or control of the proceeds of 

the Travel Act violation(s) or to avoid a transaction reporting requirement under state or 

federal law.

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Defendant Lacey is charged in Counts 69-70, 81, 83-84, 86, 88-92, and 94-99; 

Defendant Spear is charged in Counts 71-78, 85, and 93; and Defendant Brunst is charged 

in Counts 69-70, 78-84, and 86-93 of the indictment with transactional money laundering 

in violation of Section 1957 of Title 18 of the United States Code. For a defendant to be 

found guilty of that charge, the United States must prove, for each Count, each of the 

following elements beyond a reasonable doubt with respect to that defendant:

First, the defendant knowingly engaged in a monetary transaction. An act is done 

knowingly if the defendant is aware of the act, and does not act or fail to act through 

ignorance, mistake, or accident. You may consider evidence of the defendants’ words, 

acts, or omissions, along with all the other evidence, in deciding whether the defendant 

acted knowingly;

Second, the defendant knew the transaction involved criminally derived property;

Third, the property had a value greater than $10,000;

Fourth, the property was, in fact, derived from violations of the Travel Act; and

Fifth, the transaction occurred in the United States.

The term “monetary transaction” means the deposit, withdrawal, transfer, or 

exchange, in or affecting interstate commerce, of funds or a monetary instrument by, 

through, or to a financial institution. 

The term “financial institution” means an insured bank, commercial bank, or credit 

union. 

The term “criminally derived property” means any property constituting, or derived 

from, the proceeds obtained from a criminal offense. 

The United States must prove that each defendant knew that the property involved

in the monetary transaction constituted, or was derived from, proceeds obtained by some 

criminal offense. The United States does not have to prove that each defendant knew the 

precise nature of that criminal offense, or knew the property involved in the transaction 

represented the proceeds of a violation of the Travel Act. 

Although the United States must prove that, of the property at issue, more than 

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$10,000 was criminally derived, the United States does not have to prove that all the 

property at issue was criminally derived. 

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Defendants Lacey, Spear, and Brunst are charged in Count 52 the indictment with 

money laundering conspiracy in violation of Section 1956(h) of Title 18 of the United 

States Code. For a defendant to be found guilty of that charge, the United States must 

prove each of the following elements beyond a reasonable doubt with respect to that 

defendant:

First, there was an agreement to commit money laundering;

Second, the defendant knew the objective of the agreement;

Third, the defendant joined the agreement with the intent to further its unlawful 

purpose.

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The government has the burden to prove beyond a reasonable doubt that a defendant 

acted with criminal intent and did not act in good faith. “Good faith” encompasses a belief 

or opinion honestly held and an absence of malice or ill will. If a defendant carries out his 

or her actions in good faith, there is no criminal intent. A person who acts on a belief or 

an opinion honestly held is not punishable under the charges in the indictment merely 

because the belief or opinion turns out to be inaccurate, incorrect, or wrong. If the 

government fails to meet its burden to prove a defendant lacked good faith, you must return 

a not guilty verdict.

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All speech is presumptively protected by the First Amendment to the United States 

Constitution. However, the First Amendment does not protect speech that proposes an 

illegal transaction. Prostitution is illegal in 49 states and most of Nevada. It is the 

government’s burden to establish that each of the ads alleged in this case is an ad for 

prostitution and not for another purpose such as an ad for an escort, dating or massage 

service. If you find that an ad proposes an illegal transaction, it is not protected by the First 

Amendment. 

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