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7.3-5 Promoting Prostitution in the First Degree (By a Minor) -- § 53a-86 (a) (2)
Revised to May 20, 2011
Note: Public Acts 2010, No. 10-115, §§ 2 and 3, amended § 53a-86 (a) (2) and deleted § 53a-87 (a) (2), making Promoting Prostitution by a Minor a first degree offense when against anyone under 18 years of age. If the offense was against a person 16 or 17 years of age prior to October 1, 2010, it was second degree.
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 (advances / profits from) prostitution of a person less than eighteen years old.
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 a
minor
The second element is
that the person acting as a prostitute was less than
eighteen years of age.
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant knowingly (advanced / profited from) prostitution, and 2) the person acting as a prostitute was less than eighteen years of age.
If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of promoting prostitution in the (first/second) degree, 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.
Commentary
"An act of promoting
prostitution does not necessarily constitute a violation of the
statute that prohibits risk of injury to a child, and vice versa.
Promoting prostitution requires a specific intent; the actor must
knowingly advance or profit from prostitution of a person less
than sixteen years old." (Internal quotation marks omitted.)
State v. Aldrich, 53 Conn. App. 627, 635, cert. denied, 250
Conn. 909 (1999).