7.3-3 Patronizing Prostitute from Motor Vehicle -- § 53a-83a
Revised to December 1, 2007
The defendant is charged [in count __] with patronizing a prostitute from a motor vehicle. The statute defining this offense reads in pertinent part as follows:
a person is guilty of patronizing a prostitute from a motor vehicle when (he/she), while occupying a motor vehicle: <insert appropriate subsection:>1
§ 53a-83a (a) (1): pursuant to a prior understanding, pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with (him/her).
§ 53a-83a (a) (2): pays or agrees to pay a fee to another person pursuant to an understanding that in return therefore such person or a third person will engage in sexual conduct with (him/her).
§ 53a-83a (a) (3): solicits or requests another person to engage in sexual conduct with (him/her) in return for a fee.
§ 53a-83a (a) (4): engages in sexual conduct for which a fee was paid or agreed to be paid.
For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:
Element 1 - Occupied
The first element is that the defendant occupied a motor vehicle. "Motor vehicle" means all vehicles used on a public highway and includes an automobile.
Element 2 - Patronized a
The second element is that while occupying a motor vehicle, the defendant <specify the alleged conduct>. Sexual conduct has its ordinary meaning, that is, conduct of a sexual nature.2 The respective sex of the defendant and other person is immaterial.
In summary, the state must prove beyond a reasonable doubt that 1) the defendant occupied a motor vehicle, and 2) while in the motor vehicle <summarize allegations>.
If you unanimously find that
the state has proved beyond a reasonable doubt each of the elements of
patronizing a prostitute from a motor vehicle, 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.
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 See State v. Allen, 37 Conn. Sup. 506, 510-11 (App. Sess. 1980).