CJI2d[NY] Penal Law § 230.08

The (specify) count is Patronizing a Person for Prostitution in a School Zone.

Under our law, a person is guilty of Patronizing a Person for Prostitution in a School Zone when, being twenty-one years old or more, he or she patronizes a person for prostitution and the person patronized is less than eighteen years old, at a place that he or she knows, or reasonably should know, is in a school zone.

The following terms used in that definition have a special meaning:

A person PATRONIZES A PERSON FOR PROSTITUTION when:

Select appropriate alternative(s):

pursuant to a prior understanding, he or she pays a fee to another person as compensation for such person or a

third person having engaged in sexual conduct² with him or her; [or]

he or she pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person or a third person will engage in sexual conduct with him or her; [or]

he or she solicits or requests another person to engage in sexual conduct with him or her in return for a fee.³

"PERSON PATRONIZED" means the person:

Select appropriate alternative(s)

with whom the defendant engaged in sexual conduct [or]

with whom the defendant was to have engaged in sexual conduct pursuant to the understanding, [or]

who was solicited or requested by the defendant to engage in sexual conduct.⁴

SCHOOL ZONE means (a) in or on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational, or high school, or (b) any public sidewalk, street, parking lot, park, playground or private land, located immediately adjacent to the boundary line of such school.⁵

[Add if applicable:

In any prosecution for patronizing a person for prostitution, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated, or solicited is immaterial, and it is no defense that:

1. Such persons were of the same sex; or

2. The person who received, agreed to receive, or solicited a fee was a male and the person who paid or agreed or offered to pay such fee was a female.⁶]

In order for you to find the defendant guilty of this crime, the People are required to prove, from all the evidence in the case, beyond a reasonable doubt, the following four elements:

1. That on or about (date) , in the County of (County), the defendant, (defendant's name), patronized a person for prostitution;

2. That the defendant did so at a place that the defendant knew, or reasonably should have known, was a school zone;

3. That the defendant was twenty-one (21) years old or more, and

4. That the person patronized was less than eighteen (18) years old.

If you find that the People have proven beyond a reasonable doubt each of those elements, you must find the defendant guilty of this crime.

If you find that the People have not proven beyond a reasonable doubt any one or more of those elements, you must find the defendant not guilty of this crime.³