Case 1:19-cr-00286-AMD Document 43 Filed 03/12/20 Page 11 of 23 PageID #: 360
and Safety Code § 120290 (effective 1998) (willful exposure of a communicable disease), in that KELLY engaged in unprotected sexual intercourse with Jane Doe #5 without first informing Jane Doe #5 that he had contracted herpes and obtaining her consent to sexual intercourse in these circumstances, in violation of Title 18, United States Code, Sections 2422(a) and 2.
Racketeering Act Nine (Mann Act- Jane Doe #5)
25. The defendant ROBERT SYLVESTER KELLY committed the following acts, any one of which alone constitutes Racketeering Act Nine:
A. Transportation
26. In or about and between September 2015 and October 2015, both dates being approximate and inclusive, within the Eastern District of New York, the Northern District of California and elsewhere, the defendant ROBERT SYLVESTER KELLY, together with others, did knowingly and intentionally transport an individual, to wit: Jane Doe #5, in interstate commerce, with intent that such individual engage in sexual activity for which a person~can be charged with a criminal offense, to wit: violations of California Penal Law Sections 261.5(a) and 261.5(b) (unlawful sexual intercourse with a person under 18 years old), in that KELLY engaged in sexual intercourse with Jane Doe #5 who was under 18 years old, while he was more than three years older than Jane Doe #5, in violation of Title 18, United States Code, Sections 2421(a) and 2.
B. Coercion and Enticement
27. In or about and between September 2015 and October 2015, within the Eastern District of New York, the Northern District of California and elsewhere, the
