Ala. Pattern Jury Instr. (Criminal) 13A-12-112(A)(1)

Promoting Prostitution in the Second Degree

(Two or More Prostitutes)

The defendant is charged with promoting prostitution in the second

degree.

A person commits the crime of promoting prostitution in the second degree is

he/she knowingly advances or profits from prostitution by managing, supervising,

controlling or owning, either alone or in association with others, a house of

prostitution or a prostitution business or enterprise involving prostitution activity by

two or more prostitutes other than the defendant.

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

following elements:

(1) The defendant advanced or profited from prostitution by managing,

supervising, controlling or owning, either alone or in association with

others, a house of prostitution or a prostitution business or enterprise

involving prostitution activity by two or more prostitutes other than the

defendant; (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 second degree, then

you shall find the defendant guilty of promoting prostitution in the second

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 second degree, then you

cannot find the defendant guilty of promoting prostitution in the second degree.

[Approved 09-27-24]