It doesn't apply. (1) It's Hillary, and no laws apply to her. (2) FBI Director Comey said there is no evidence of intent, and we all know Hillary will deny intent forever.
One does not have to admit intent, intent simply must be proven to a jury regardless of what a defendant says or does not say.
However, Hillary isn’t capable of intent, intent is impossible to prove when Hillary is involved, in fact, intent literally does not exist within her, and jury trials do not apply to Hillary Clinton.