Conn. Crim. Jury Instr. 7.3-5

Note: Public Acts 2010, No. 10-115, §§ 2 and 3, amended § 53a-86 (a) (2) and deleted § 53a-

87 (a) (2), making Promoting Prostitution by a Minor a first degree offense when against

anyone under 18 years of age. If the offense was against a person 16 or 17 years of age

prior to October 1, 2010, it was second degree.

The defendant is charged [in count__] with promoting prostitution in the first degree. The statute

defining this offense reads in pertinent part as follows:

a person is guilty of promoting prostitution in the first degree when (he/she)

knowingly (advances / profits from) prostitution of a person less than eighteen years

old.

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

beyond a reasonable doubt:

Element 1 - Knowingly advanced or profited from prostitution

The first element is that the defendant knowingly (advanced / profited from) prostitution. A

person acts “knowingly” with respect to conduct or to a circumstance when (he/she) is aware that

(his/her) conduct is of such nature or that such circumstance exists. <See Knowledge, Instruction

2.3-3.>

<Insert one of the following:>

• A person “advances prostitution” when, acting other than as a prostitute or as a patron

thereof, (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, or engages in any other conduct designed to institute, aid or facilitate an act or

enterprise of prostitution.

• A person “profits from prostitution” when, acting other than as a prostitute receiving

compensation for personally rendered prostitution services, (he/she) accepts or receives

money or other property pursuant to an agreement or understanding with any person

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

Element 2 - By a minor

The second element is that the person acting as a prostitute was less than eighteen years of age.

Conclusion

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

(advanced / profited from) prostitution, and 2) the person acting as a prostitute was less than

eighteen years of age.

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

of the crime of promoting prostitution in the (first / second) degree, 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.