N.J. Model Criminal Jury Charge, N.J.S.A. 2C:34-1b(5)

Revised 2/12/18

COMPELLING ANOTHER TO ENGAGE IN

OR PROMOTE PROSTITUTION

N.J.S.A. 2C:34-1(b)(5)

Count _____ of the Indictment charges the defendant with compelling another to engage

in or promote prostitution.

(Read pertinent count of the indictment)

The defendant is accused of violating a section of our statutes, which reads as follows:

A person commits an offense if the actor compels another to

engage in or promote prostitution.

In order for you to find the defendant guilty of this offense, you must find that the State

has proved beyond a reasonable doubt each of the following elements:

1. That the defendant compelled another to engage in or promote prostitution;

and

2. The defendant acted knowingly.1

(Read in all cases)

The first element that the State must prove b eyond a reasonable doubt is that the

defendant compelled another to engage in or promote prostitution.

To compel means to force or to constrain, as to do something.2

Prostitution is sexual activity with another person in exchange for something of economic

value, or the offer or acceptance of an offer to engage in sexual activity in exchange for

something of economic value.3

Sexual activity includes, but is not limited to, sexual intercourse, including genital -

genital, oral-genital, anal-genital, and oral-anal contact, whether between persons of the same or

1 N.J.S.A. 2C:2-2(c)(3).

2 See Black’s Law Dictionary (Revised 4 th Edition 1968); Webster’s New World College

Dictionary (4th Edition 1985).

3 N.J.S.A. 2C:34-1(a)(1).

COMPELLING ANOTHER TO ENGAGE IN

OR PROMOTE PROSTITUTION

N.J.S.A. 2C:34-1(b)(5)

opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or

masochistic abuse and other deviant sexual relations.4

(Read appropriate sections)

To engage means to employ o r involve one’s self, to take part in, to embark on, to

arrange for the services of, to arrange for the use of, to draw into, involve, to undertake or agree,

to be active.5

Promoting Prostitution is defined as follows:

1. Owning, controlling, managing, supervising or otherwise keeping alone or

in association with another, a house of prostitution or a prostitution

business;

2. Procuring an inmate for a house of prostitution or place in a house of

prostitution for one who would be an inmate;

3. Encouraging, inducing, or otherwise purposely causing another to become

or remain a prostitute;

4. Soliciting a person to patronize a prostitute;

5. Procuring a prostitute for a patron;

6. Transporting a person into or within this State with purpose to promote that

person’s engaging in prostitution, or procuring or paying for transportation

with that purpose; or

7. Knowingly leasing or otherwise permitting a place controlled by the actor,

alone or in association with others, to be regularly used for prostituti on or

promotion of prostitution, or failure to make a reasonable effort to abate

such use by ejecting the tenant, notifying law enforcement authorities, or

other legally available means.

(Read if appropriate)

A house of prostitution is any place where pros titution or promotion of prostitution is

regularly carried on by one person under the control, management or supervision of another. 6

4 N.J.S.A. 2C:34-1(a)(2).

5 See Black’s Law Diction ary (Revised 4 th Edition 1968); Webster’s New World College

Dictionary (4th Edition 1985).

6 N.J.S.A. 2C:34-1(a)(3).

COMPELLING ANOTHER TO ENGAGE IN

OR PROMOTE PROSTITUTION

N.J.S.A. 2C:34-1(b)(5)

[Permissive inference7]

(Read if appropriate)

If a person, other that the prostitute or the prostitute’s minor child or other legal

dependent incapable of self-support, is supported in whole or substantial part by the proceeds of

prostitution, you may infer he/she knowingly promoted prostitution. However, you are never

required or compelled to draw this inference. It is your exclusive province to determine whether

the facts and circumstances shown by the evidence support any inference and you are always

free to accept the inference or reject it if you wish.

(Read in all cases)

The second element that the State must prove beyond a reasonable doubt is that the

defendant acted knowingly in compelling another to engage in or promote prostitution.

A person acts knowingly with respect to the nature of his/her conduct or the attendant

circumstances if he/she is aware that the conduct is of that nature or that such circumstances exist

or the person is aware of a high probability of their existence. A person acts knowingly with

respect to a result of the conduct if he/she is aware that it is practically certain that the conduct

will cause a result. “Knowing,” “with knowledge,” or equivalent terms have the same meaning.

Knowingly is a state of mind that cannot be seen and can only be determined by inference

from conduct, words or acts. The refore, it is not necessary that the State produce witnesses to

testify that a defendant said that he/she knowingly did something. His/Her knowledge may be

gathered from his/her acts and conduct, from all that he/she said and did at the particular time

and place, and from all the surrounding circumstances reflected in the testimony [and evidence

adduced at trial].

(Read if N.J.S.A. 2C:34-1(a)(4)(c) or (f) are charged)

A person promotes prostitution if he/she [encourages, induces or otherwise purposely

causes another to become or remain a prostitute] [transports a person into or within this State

7

N.J.S.A. 2C:34-1(d). Please note that care should be taken to avoid the use of the term

“presumption” and it should be clearly stated that the inference is only permissive.

COMPELLING ANOTHER TO ENGAGE IN

OR PROMOTE PROSTITUTION

N.J.S.A. 2C:34-1(b)(5)

with purpose to promote that person’s engaging in prostitution or procuring or paying for

transportation with that purpose.]

A person acts purposely with respect to the nature of his/her conduct or the result of that

conduct if it is his/her conscious object to engage in conduct of that nature or to cause such a

result. A person acts purposely with respect to attendant circumstances if the person is aware of

the existence of such circumstances or believes or hopes that they exist. “With purpose,”

“designed,” “with design,” or equivalent terms have the same meaning.

Purposely is a state of mind that cannot be seen and can only be determined by inference

from conduct, words or acts. Therefore, it is not necessary that the State produce witnesses to

testify that a defendant said that he/she purposely did something. His/her purpose may be

gathered from his/her acts and conduct, from all that he/she said and did at the particular time

and place, and from all the surrounding circumstances reflected in the testimony [and evidence

adduced at trial].

(Read if appropriate)

It is an affirmative defense to prosecution for a violation of this statute that, during the

time of the alleged commission of the offense, the defendant was a victim of human trafficking

pursuant to a section of our law s8 or compelled by another to engage in sexual activity,

regardless of the defendant’s age.9

8 N.J.S.A. 2C:13-8. The statute does not define the term “victim of human trafficking.” See Model

Jury Charge, Criminal, “Human Trafficking: To Engage in Sexual Activity And/Or To Provide Labor Or

Services ( N.J.S.A. 2C:13-8(a)(1)) (Approved 1/11/16) n.29. Other states’ statutes provide varying

definitions. See Colo. Rev. Stat. Ann. §18-3-502 (“Victim” means a person who is alleged to have been,

or who has been, subjected to human trafficking, as described in section 18- 3-503 or section 18- 3-504);

Iowa Code Ann. §710A.1 (“person subjected to human trafficking”); Ky. Rev. Stat. Ann. §529.010

(“Victim of human trafficking” is a person who has been subject to human trafficking”); Md. Code Ann.,

State Gov’t §7-301(f) (“‘Victim of human trafficking’ means an individual who has been recruited,

harbored, transported, provided or obtained for labor, services or sexual act through the use of force, fraud

or coercion”); Mass. Gen. Laws Ann. ch. 233, §20M (“‘Human trafficking victim’ or ‘victim,’ a person

who is subjected to the conduct prohibited under sections 50 or 51 of chapter 265"). It will be up to the

parties, and ultimately the court, to determine the appropriate definition.

9 N.J.S.A. 2C:34-1(e).

COMPELLING ANOTHER TO ENGAGE IN

OR PROMOTE PROSTITUTION

N.J.S.A. 2C:34-1(b)(5)

In this matter, the defendant has alleged the following: ________. The State counters as

follows: ________. The State must disprove this affirmative defense bey ond a reasonable

doubt.10

(Read in all cases)

If you find that the State has proved each element of the offense beyond a reasonable

doubt ( charge if appropriate: and the State has disproved the affirmative defense beyond a

reasonable doubt), then you must find the defendant guilty.

If you find that the State has failed to prove any element of the offense beyond a

reasonable doubt (charge if appropriate: or if the State has failed to disprove the affirmative

defense beyond a reasonable doubt), then you must find the defendant not guilty.

10 N.J.S.A. 2C:1-13(b)(1). State v. Kelly, 97 N.J. 178, 200 (1984); State v. Holmes, 208 N.J. Super.

480, 488 (App. Div. 1986). See also State v. Smith , 322 N.J. Super. 385, 395-96 (App. Div.), certif.

denied, 162 N.J. 489 (1999).