CR27-801       7/17/18

HUMAN TRAFFICKING (VICTIM UNDER AGE 18) – 13 V.S.A. § 2652(a)(1)

The State has charged (Def)_______________ with human trafficking, as follows:

[Read the charge.]

Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this case, the essential elements are that on the date and at the place alleged,

(1)        (Def)_______________;

(2)       [recruited] [enticed] [harbored] [transported] [obtained] (victim)_______________ for the purpose of having (victim)_______________ engage in a commercial sex act;

(3)       [he] [she] did so knowingly; and

(4)       at the time of the offense, (victim)_______________ was under the age of 18.

The first essential element is that (Def)_______________ is the person who committed the alleged acts.

The second essential element is that (Def)_______________ [recruited] [enticed] [harbored] [transported] [obtained] (victim)_______________ for the purpose of having (victim)_______________ engage in a commercial sex act. A commercial sex act is any sexual act, sexual conduct, or sexually explicit performance on account of which anything of value is promised to, given to, or received by any person.

[A sexual act means conduct between persons consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any intrusion, however slight, by any part of a person’s body or any object into the genital or anal opening of another.] [The word vulva means the external genital organs of the female, including the labia majora, labia minora, clitoris, and the entrance to the vagina.]

[Here the term sexual conduct is defined to mean any of the following:

(A) any conduct involving contact between the penis and the vulva, the penis and the penis, the penis and the anus, the mouth and the penis, the mouth and the anus, the vulva and the vulva or the mouth and the vulva;

(B) any intrusion, however slight, by any part of a person’s body or any object into the genital or anal opening of another with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desire of any person;

(C) any intentional touching, not through the clothing, of the genitals, anus or breasts of another with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desire of any person;

(D) masturbation;

(E) bestiality; or

(F) sadomasochistic abuse for sexual purposes.]

[Sexually explicit performance means a public, live, photographed because of mistake, or by accident.]

The third essential element is that (Def)_______________ acted knowingly. The State must have proven that (Def)_______________ acted knowingly, and not inadvertently, or because of mistake, or by accident.

The last essential element is that, at the time of the offense, (victim)_______________ was under the age of 18. All of the elements of the offense must have been present at the same time.

All of the elements of the offense must have been present at the same time. If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.