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Criminal Jury Instructions

Criminal Jury Instructions Home

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 motor vehicle
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 prostitute
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.

Conclusion

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

 


 

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