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7.3-8 Permitting Prostitution -- § 53a-89
Revised to December 1, 2007
The defendant is charged [in count __] with permitting prostitution. The statute defining this offense reads in pertinent part as follows:
a person is guilty of permitting prostitution when, having possession or control of premises which (he/she) knows are being used for prostitution purposes, (he/she) fails to make reasonable effort to halt or abate such use.
The law requires that a person who is the owner, manager, or person in any capacity in possession or control of the premises take some positive action to halt the use of the premises for purposes of prostitution when (he/she) knows they are being used for such purposes.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Possession
or control of premises
The first element is that the
defendant was in possession or control of the premises. The words
"possession or control of the premises" as used in the statute are to be
given their ordinary meaning.
Element 2 - Knowledge of
prostitution
The second element is that the
defendant knew the premises were being used for purposes of prostitution.
A person acts "knowingly"
with respect to conduct or to a circumstance when (he/she) is aware that
(his/her) conduct is of such nature or that such circumstance exists. <See
Knowledge, Instruction 2.3-3.>
Element 3 - No efforts
to stop it
The third element is that the
defendant made no reasonable efforts to halt its use for such purposes.
The state must prove beyond a reasonable doubt that what the defendant
did, if anything, was not a reasonable effort under the circumstances.
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant was in possession or control of premises, 2) (he/she) knew that the premises were being used for prostitution, and 3) (he/she) made no reasonable efforts to stop the prostitution.
If you unanimously find that
the state has proved beyond a reasonable doubt each of the elements of the
crime of permitting prostitution, then you shall find the defendant
guilty. On the other hand, if you unanimously find that the state has
failed to prove beyond a reasonable doubt any of the elements, you shall
then find the defendant not guilty.