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7.6-1 Enticing a Minor -- § 53a-90a
Revised to December 1, 2007 (modified June 13, 2008)
The defendant is charged [in count __] with using a computer to entice a minor into sexual activity. The statute defining this offense reads in pertinent part as follows:
a person is guilty of enticing a minor when such person uses an interactive computer service to knowingly (persuade / induce / entice / coerce) any person under sixteen years of age to engage in (prostitution / sexual activity) for which the actor may be charged with a criminal offense.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Enticed
a minor into prostitution or sexual activity
The
first element is that the defendant knowingly
(persuaded / induced / enticed / coerced)
another person into engaging in (prostitution
/ sexual activity). <Insert appropriate
definition:>
-
Prostitution is defined as engaging or agreeing or offering to engage in sexual conduct with another person in return for a fee.1 "Sexual conduct" means behavior involving sex, the organs of sex and their functions or the instincts and drives associated with sex.2 A "fee" is any form of compensation or payment.
-
Sexual activity. "Sexual activity" means conduct or behavior involving sex, the organs of sex and their functions or the instincts and drives associated with sex.3
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 2 - Other
person under 16 years of age
The
second element is that at the time of the
incident, the other person was under the age
of sixteen. This means that the person had
not yet had (his/her) sixteenth birthday when
the conduct is alleged to have taken place.4
Element 3 -
Prostitution / Sexual activity
The
third element is that the sexual activity
which the defendant (persuaded / induced /
enticed / coerced) the other person to engage
in is one for which the defendant may be
charged with a criminal offense. It is not
necessary that the defendant actually be
charged with such an offense, but simply that
the sexual activity in which the defendant
intended to engage is proscribed or prohibited
by law. <Insert the particular conduct,
including prostitution, which the state claims
and the evidence supports as the sexual
activity in which the defendant intended to
have the minor engage, and the criminal
charge(s) that it would support.>5
Element 4 -
Computer
The
fourth element is that the defendant used an
interactive computer service to accomplish
this activity. As defined by this statute, an
"interactive computer service" means any
information service, system or access software
provider that provides or enables computer
access by multiple users to a computer server,
including specifically a service or system
that provides access to the Internet and such
systems operated or services offered by
libraries or educational institutions.6
Conclusion
In summary, the state must prove beyond a reasonable doubt that 1) the defendant enticed another person to engage in (prostitution / sexual activity), 2) that other person was under 16 years of age, 3) the sexual activity is one for which the defendant could be criminally liable, and 4) the defendant used an interactive computer system.
If
you unanimously find that the state has proved
beyond a reasonable doubt each of the elements
of the crime of the use of a computer to
entice a child into sexual activity, 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 See Prostitution, Instruction 7.3-1.
2 See State v. Allen, 37 Conn. Sup. 506, 510-11 (App. Sess. 1980).
3 The statutes concerning prostitution and pornography use both the terms "sexual activity" and "sexual conduct." They do not seem to be readily distinguishable.
4 When an attempt is alleged, the trial court must instruct the jury that the defendant believed that the other person was under 16 years of age. See State v. Sorabella, 277 Conn. 155, 191, cert. denied, 549 U.S. 821, 127 S.Ct. 131, 166 L.Ed.2d 36 (2006) (defendant convicted of attempt to entice a minor when the other person was an undercover police officer, but the defendant believed he was communicating with a 13-year old).
5 The court should inquire of the state what the underlying criminal offense(s) are being claimed if not expressly contained in the information.
6 General Statutes § 53a-90a (a).
Commentary
Sentence Enhancers
Effective
July 1, 2007, § 53a-90a (b) (2) provides an enhanced penalty if the victim is
under 13 years of age. The jury must find this fact proved beyond a reasonable
doubt. See
Sentence Enhancers, Instruction
2.11-4.
Subsequent Offenders
General
Statutes § 53a-90a (b) provides for an enhanced sentence if the defendant has
previously been convicted of one or more violations of § 53a-90a. Pursuant to
Practice Book § 36-14, the prior conviction must be charged in a Part B
information so that the jury is unaware of the prior conviction during the trial
on the current charge. If a guilty verdict is returned, the jury must then be
instructed on the second part of the information. See
Subsequent Offenders, Instruction
2.12-2.