Page:Superseding Indictment, United States of America v. Robert Sylvester Kelly, also known as "R. Kelly".pdf/19

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Case 1:19-cr-00286-AMD Document 43 Filed 03/12/20 Page 19 of 23 PageID #: 368

which a person can be charged with a criminal offense, to wit: violations of California Penal Law Sections 261.5(a) and 26 l .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.

(Title 18, United States Code, Sections 2423(a), 2 and 3551 et seq.)

COUNT SIX (Mann Act Transportation – Jane Doe #6)

43. On or about May 18, 2017, within the Eastern District of New York and elsewhere, the defendant ROBERT SYLVESTER KELLY, also known as "R. Kelly," together with others, did knowingly and intentionally transport an individual, to wit: Jane Doe #6, 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 New York Penal Law Section 120.20 (reckless endangerment) and New York Public Health Law Section 2307 (knowing exposure of infectious venereal disease), in that KELLY engaged in unprotected sexual intercourse with Jane Doe #6 without first informing Jane Doe #6 that he had contracted herpes and obtaining her consent to sexual intercourse in these circumstances.

(Title 18, United States Code, Sections 242l(a), 2 and 3551 et seq.)

COUNT SEVEN (Mann Act Coercion and Enticement – Jane Doe #6)

44. On or aboutMay 18, 2017, within the Eastern District of New York and elsewhere, the defendant ROBERT SYLVESTER KELLY, also known as "R. Kelly," together with others, did knowingly and intentionally persuade, induce, entice and coerce an individual, to wit: Jane Doe #6, to travel in interstate commerce, to engage in sexual activity for which a person can be charged with a criminal offense, to wit: violations of New York