CJI2d[NY] Penal Law § 230.25(1)

The (specify) count is Promoting Prostitution in the Third Degree.

Under our law, a person is guilty of Promoting Prostitution in the Third Degree when that person knowingly advances or profits from prostitution by managing, supervising, controlling, or owning, either alone or in association with others,

Select appropriate alternative(s):

a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more persons in prostitution; or

a business that sells travel-related services knowing that such services include or are intended to facilitate travel for the purpose of patronizing a person for prostitution, including to a foreign jurisdiction and regardless of the legality of prostitution in said foreign jurisdiction.

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

PROSTITUTION means the act or practice of engaging or agreeing or offering to engage in sexual conduct with another person in return for a fee.²

A person ADVANCES PROSTITUTION when, acting other than as a person in prostitution or as a patron thereof, he or 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.³

A person PROFITS FROM PROSTITUTION when, acting other than as a person in prostitution receiving compensation for personally rendered prostitution services, he or she accepts or receives money or other property pursuant to an agreement or understanding with any person whereby he or she participates or is to participate in the proceeds of prostitution activity.⁴

[A person PATRONIZES A PERSON FOR PROSTITUTE⁵ 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 conduct⁶ 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.⁷]

A person KNOWINGLY advances or profits from prostitution when that person is aware that he or she is advancing or profiting from prostitution.⁸

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

1. That on or about (date), in the County of (County), the defendant, (defendant's name), advanced or profited from prostitution by managing, supervising, controlling, or owning, either alone or in association with others,

Select appropriate alternative(s):

[a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more persons in prostitution]

[a business that sells travel-related services knowing that such services include or are intended to facilitate travel for the purpose of patronizing a person for prostitution, including to a foreign jurisdiction and regardless of the legality of prostitution in said foreign jurisdiction]; and

2. That the defendant did so knowingly.

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