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Criminal Jury Instructions

Criminal Jury Instructions Home

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).
 


 

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