CJI2d[NY] Penal Law § 230.12 (Before 9-1-24)

The (specify) count is Aggravated Patronizing a Minor for Prostitution in the Second Degree.

Under our law, a person is guilty of Aggravated Patronizing a Minor for Prostitution in the Second Degree when, being eighteen (18) years old or more, he or she patronizes a person for prostitution and the person patronized is less than fifteen (15) years old and the person guilty of patronizing engages in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual conduct¹ with the person patronized.

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

A person PATRONIZES A PERSON FOR PROSTITUTION when:

Select appropriate alternative:

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;

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;

He or she solicits or requests another person to engage in sexual conduct with him or her in return for a fee.²

(The) PERSON WHO IS PATRONIZED means Select appropriate alternative:

the person with whom the defendant engaged in sexual conduct;

the person with whom the defendant was to have engaged in sexual conduct pursuant to the understanding;

the person who was solicited or requested by the

defendant to engage in sexual conduct.³

SEXUAL INTERCOURSE means any penetration, however slight, of the penis into the vaginal opening. In other words, any penetration of the penis into the vaginal opening, regardless of the distance of penetration, constitutes an act of sexual intercourse. Sexual intercourse does not necessarily require erection of the penis, emission, or orgasm. ⁴

[ORAL SEXUAL CONDUCT means conduct between persons consisting of contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina.⁵]

[ANAL SEXUAL CONDUCT means conduct between persons consisting of contact between the penis and anus.⁶]

[AGGRAVATED SEXUAL CONDUCT:

Note: The statute includes “aggravated sexual conduct,” as that term is “defined in [Penal Law] section 130.00.” Penal Law § 130.00, however, does not define the term “aggravated sexual conduct.” Rather, it defines the term “aggravated sexual contact.” If the Court decides that “aggravated sexual contact” should be charged, that definition is:

"Aggravated sexual contact" means inserting, other than for a valid medical purpose, a foreign object in the vagina, urethra, penis, rectum or anus of a child, thereby causing physical injury to such child.⁷

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, each of the following three elements: