Ala. Pattern Jury Instr. (Criminal) 13A-12-111(A)(2)

Promoting Prostitution in the First Degree

(Less Than 16)

The defendant is charged with promoting prostitution in the first degree.

A person commits the crime of promoting prostitution in the first degree if

he/she knowingly advances or profits from prostitution of a person less than 16

years of age.

To convict, the State must prove beyond a reasonable doubt each of the

following elements:

(1) The defendant advanced (OR) profited from prostitution of a person

less than 16 years of age; (AND)

(2) The defendant did so knowingly.

Prostitution is the commission by a person of any natural or unnatural sex

act, sodomy, or sexual contact for monetary consideration or other thing of

value. [13A-12-120]

Sexual intercourse has its ordinary meaning and occurs upon any

penetration, however slight; emission is not required. [13A-6-60(4)]

Sodomy is any sexual act involving the genitals of one person and the sex

organs of one person and the mouth or anus of another person. [13A-6-60(5)]

Sexual contact is any touching of the sexual or other intimate parts of a

person done for the purpose of gratifying the sexual desire of either party. The

term does not require skin to skin contact. [13A-6-60(3)]

A person advances prostitution if, acting other than as a prostitute or a patron

of a prostitute, 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.

[13A-12-110(1)]

A person profits from prostitution if, acting other than as a prostitute receiving

compensation for personally-rendered prostitution services, he/ she accepts or

receives money or other property pursuant to a prior agreement with any person

whereby he/she participates or is to participate in the proceeds of prostitution activity.

[13A-12-110(2)]

A person acts knowingly with respect to conduct or to a circumstance described by

a statute defining an offense when he/she is aware that his/ her conduct is of that

nature or that the circumstance exists. [13A-2-2(2)]

If you find from the evidence that the State has proved beyond a reasonable

doubt each of the elements of promoting prostitution in the first degree, then you shall

find the defendant guilty of promoting prostitution in the first degree.

If you find that the State has failed to prove beyond a reasonable doubt any one

or more of the elements of promoting prostitution in the first degree, then you cannot

find the defendant guilty of promoting prostitution in the first degree.

[Approved 09-27-24]