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Criminal Jury Instructions

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7.3-4  Promoting Prostitution in the First Degree (Coercion) -- § 53a-86 (a) (1)

Revised to December 1, 2007

The defendant is charged [in count __] with promoting prostitution in the first degree.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of promoting prostitution in the first degree when (he/she) knowingly <insert one of the following:>

  • advances prostitution by compelling a person by force or intimidation to engage in prostitution.

  • profits from coercive conduct by another in compelling a person by force or intimidation to engage in prostitution.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Knowingly advanced or profited from prostitution
The first element is that the defendant knowingly (advanced / profited from) 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.>

<Insert one of the following:>

  • A person "advances prostitution" when, acting other than as a prostitute or as a patron thereof, (he/she) knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise, or engages in any other conduct designed to institute, aid or facilitate an act or enterprise of prostitution.

  • A person "profits from prostitution" when, acting other than as a prostitute receiving compensation for personally rendered prostitution services, (he/she) accepts or receives money or other property pursuant to an agreement or understanding with any person whereby (he/she) participates or is to participate in the proceeds of prostitution activity.

Element 2 - By means of force or coercion
The second element is that <insert name of person> was compelled by force or intimidation to engage in prostitution.  Therefore, some element of compulsion such as force, intimidation, or coercive conduct must be present.  <Insert facts of alleged coercion.>

[<If defendant charged under (a) (2):>  The defendant does not have to have applied the coercive force (himself/herself).  It is sufficient if (he/she) profits in any way from another person's coercive conduct.]

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant knowingly (advanced / profited from) prostitution, and 2) (he/she) did so by means of force or intimidation.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of promoting 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.
 

 


 

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