Conn. Crim. Jury Instr. 7.3-3

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:>

• § 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.

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. Supp. 506, 510-11 (App. Sess. 1980).