Conn. Crim. Jury Instr. 6.12-3

The defendant is charged [in count__] with trafficking in persons. The statute defining this

offense reads in pertinent part:

A person is guilty of trafficking in persons when such person knowingly compels or

induces another person to engage in conduct involving sexual contact with one or

more third persons that constitutes sexual contact for which such third person may be

charged with a criminal offense, and such person who is compelled or induced to

engage in such conduct is under eighteen years of age.

For you to find the defendant guilty of this charge, the state must prove the following elements

beyond a reasonable doubt:

Element 1 - Compelled or induced

The first element is that the defendant knowingly compelled or induced another person to engage

in conduct involving sexual contact with one or more third persons.

“Compel” means to force or constrain to do something. “Induce” means to move to action by

persuasion or by influence. <Insert specific allegations.>

“Sexual contact” means any contact with the intimate parts of another person.

The defendant must have knowingly compelled or induced the other person <insert specific

allegations>. 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 such nature or

that such circumstance exists. <See Knowledge, Instruction 2.3-3.>

Element 2 – Age of other person

The second element is that, at the time of the offense, such other person was less than eighteen

years of age.

Element 3 – Third person(s) may be charged with a criminal offense

The third element is that the sexual contact is contact for which the third person(s) may be

charged with a criminal offense.

In this case, the state claims that the third person(s) committed <insert crime>. <If uncharged,

give the elements of the crime.>

• § 53-21 (a) (2): Risk of Injury to a Minor (Sexual Contact) <See Instruction 6.11-3).>

• § 53a-70: Sexual Assault in the First Degree <See Instructions 7.1-1, 7.1-2, 7.1-3, 7.1-4.>

• § 53a-70a: Aggravated Sexual Assault in the First Degree <See Instruction 7.1-5.>

• § 53a-70c: Aggravated Sexual Assault of a Minor <See Instruction 7.1-14.>

• § 53a-71: Sexual Assault in the Second Degree <See Instruction 7.1-6.>

• § 53a-72a: Sexual Assault in the Third Degree <See Instructions 7.1-7, 7.1-8, 7.1-9.>

• § 53a-72b: Sexual Assault in the Third Degree with a Firearm <See Instruction 7.1-10.>

• § 53a-73: Sexual Assault in the Fourth Degree <See Instruction 7.1-12.>

• § 53a-73a: Sexual Assault in the Fourth Degree <See Instruction 7.1-11.>

• § 53a-83b: Commercial Sexual Abuse of a Minor <See Instruction _____.>

This list is not intended to be exhaustive.

[Affirmative Defense:

The statute defining this offense also defines an affirmative defense, which the defendant has

raised. <See Affirmative Defense, Instruction 2.9-1.>

The defendant claims that (he/she) was under eighteen years of age and (his/her) participation in

the offense was a result of having been a victim of conduct of another person that constitutes

trafficking in persons as I have described that offense to you. <Instruct on applicable subdivision

of § 53a-192a (a) and supporting evidence.>]

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant knowingly

compelled or induced <insert name of person> to engage in conduct that involves sexual contact

with one or more third persons, 2) <insert name of person> was less than eighteen years old at

the time of the offense, and 3) the sexual contact is contact for which one or more third persons

may be charged with a criminal offense.

[<If defendant has not raised the affirmative defense:>

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of trafficking in persons, 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.]

[<If defendant has raised the affirmative defense:>

If you unanimously find that the state has failed to prove beyond a reasonable doubt any of the

elements of the crime of trafficking in persons, you shall then find the defendant not guilty and

not consider the defendant’s affirmative defense.

If you unanimously find that the state has proved beyond a reasonable doubt each of the

elements, then you shall consider the defendant’s affirmative defense. If you unanimously find

that the defendant has proved (his/her) defense by a preponderance of the evidence, then you

shall find the defendant not guilty. If you unanimously find that the defendant has not proved

(his/her) affirmative defense by a preponderance of the evidence, then you shall find the

defendant guilty.]