Conn. Crim. Jury Instr. 7.6-1

Note: This instruction is for crimes committed on or after October 1, 2016. Public Act No.

16-71, § 9, changed the age elements for this offense. For the instruction for crimes

committed before October 1, 2016, see Instruction 7.6-1 (archived).

The defendant is charged [in count__] with using a computer to entice a minor into sexual

activity. The statute defining this offense reads in pertinent part as follows:

a person is guilty of enticing a minor when such person uses an interactive computer

service to knowingly (persuade / induce / entice / coerce) any person (1) under

eighteen years of age, or (2) who the actor reasonably believes to be under eighteen

years of age, to engage in (prostitution / sexual activity) for which the actor may be

charged with a criminal offense.

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

beyond a reasonable doubt:

Element 1 - Enticed a minor into prostitution or sexual activity

The first element is that the defendant knowingly (persuaded / induced / enticed / coerced)

another person into engaging in (prostitution / sexual activity). <Insert appropriate definition:>

• Prostitution is defined as engaging or agreeing or offering to engage in sexual conduct

with another person in return for a fee.

1 “Sexual conduct” means behavior involving sex,

the organs of sex and their functions or the instincts and drives associated with sex.2 A

“fee” is any form of compensation or payment.

• Sexual activity. “Sexual activity” means conduct or behavior involving sex, the organs

of sex and their functions or the instincts and drives associated with sex.3

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.>

Element 2 - Age

The second element is that at the time of the incident, <insert as appropriate:>

• the other person was under the age of (thirteen / eighteen). This means that the person

had not yet had (his/her) (thirteenth / eighteenth) birthday when the conduct is alleged to

have taken place.

• the defendant reasonably believed the other person to be under the age of eighteen. This

means that the defendant reasonably believed that the person had not yet had (his/her)

eighteenth birthday when the conduct is alleged to have taken place.

Element 3 - Prostitution / Sexual activity

The third element is that the sexual activity which the defendant (persuaded / induced / enticed /

coerced) the other person to engage in is one for which the defendant may be charged with a

criminal offense. It is not necessary that the defendant actually be charged with such an offense,

but simply that the sexual activity in which the defendant intended to engage is proscribed or

prohibited by law. <Insert the particular conduct, including prostitution, which the state claims

and the evidence supports as the sexual activity in which the defendant intended to have the

minor engage, and the criminal charge(s) that it would support.>4

Element 4 - Computer

The fourth element is that the defendant used an interactive computer service to accomplish this

activity. As defined by this statute, an “interactive computer service” means any information

service, system or access software provider that provides or enables computer access by multiple

users to a computer server, including specifically a service or system that provides access to the

Internet and such systems operated or services offered by libraries or educational institutions.5

Conclusion

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

another person to engage in (prostitution / sexual activity), 2) that other person was under 16

years of age, 3) the sexual activity is one for which the defendant could be criminally liable, and

4) the defendant used an interactive computer system.

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

of the crime of the use of a computer to entice a child into sexual activity, 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 See Prostitution, Instruction 7.3-1.

2 See State v. Allen, 37 Conn. Supp. 506, 510-11 (App. Sess. 1980).

3 The statutes concerning prostitution and pornography use both the terms “sexual activity” and

“sexual conduct.” They do not seem to be readily distinguishable.

4 The court should inquire of the state what the underlying criminal offense(s) are being claimed

if not expressly contained in the information.

5 General Statutes § 53a-90a (a).