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Criminal Jury Instructions

Criminal Jury Instructions Home

7.3-2  Patronizing a Prostitute -- § 53a-83

Revised to December 1, 2007

The defendant is charged [in count __] with patronizing a prostitute.  The statute defining this offense reads in pertinent part as follows:

a person is guilty of patronizing a prostitute when <insert appropriate subsection:>1

  • § 53a-83 (a) (1):  pursuant to a prior understanding, (he/she) pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with (him/her).

  • § 53a-83 (a) (2):  (he/she) pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with (him/her).

  • § 53a-83 (a) (3):  (he/she) solicits or requests another person to engage in sexual conduct with (him/her) in return for a fee.

For you to find the defendant guilty of this charge, the state must prove beyond a reasonable doubt that the defendant (paid / agreed to pay / offered to pay) a fee in exchange for an agreement to engage in sexual conduct.  Gratuitous sex is not within the purview of the statute.

This law applies to situations in which the defendant makes payment either to a prostitute or to a procurer or a "pimp" pursuant to a prior understanding.  This understanding must be that some person either has engaged or will engage in sexual conduct with the defendant.  The phrase "sexual conduct" is not defined in the law and has its ordinary meaning.2  Any conduct of a sexual nature intended to gratify another person's sexual desire or sexual pleasure is included within the terms of this statute.  Actual sexual conduct is not necessary for a conviction.  An offer or solicitation or agreement to engage in sexual conduct with another person in return for a fee is sufficient.  Also, gratuitous sex is not within the purview of the statute.

[<Insert if appropriate:>  It does not matter that the participating persons were of the same sex, or that the person who received, agreed to receive or solicited a fee, was a male and the person who paid for, agreed or offered to pay such a fee was a female.]

Conclusion

In summary, the state must prove beyond a reasonable doubt the defendant (paid / agreed to pay / offered to pay) a fee in exchange for an agreement to engage in sexual conduct.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of patronizing a prostitute, 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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1 The three alternative ways of committing this offense vary in the timing of the transaction and whether a third party procurer is involved.  The gist of the crime is the agreement to pay a fee for sexual services.  Tailor the instruction to the facts alleged.

2 State v. Allen, 37 Conn. Sup. 506, 510-11 (App. Sess. 1980).

 


 

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