CR27-803 7/17/18

HUMAN TRAFFICKING (COMPELLED TO ENGAGE IN COMMERCIAL SEX ACT) – 13 V.S.A. § 2652(a)(3)

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) compelled (victim)_______________ through [force] [fraud] [coercion];

(3) to engage in a commercial sex act; and

(4) [he] [she] did so knowingly.

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

The second essential element is that (Def)_______________ compelled (victim)_______________ through [force] [fraud] [coercion]. [Insert CR10-101, General Instructions, definition of the term, “Compel”] [Coercion means: (A) threat of serious harm, including physical or financial harm, to or physical restraint against any person; (B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious bodily or financial harm to or physical restraint of any person; (C) the abuse or threatened abuse of law or the legal process; (D) withholding, destroying, or confiscating any actual or purported passport, immigration document, or any other government identification document of another person; (E) providing a drug, including alcohol, to another person with the intent to impair the person's judgment or maintain a state of chemical dependence; (F) wrongfully taking, obtaining, or withholding any property of another person; (G) blackmail; (H) asserting control over the finances of another person; (I) debt bondage; or (J) withholding or threatening to withhold food or medication.]

The third essential element is that (Def)_______________ compelled (victim)_______________ through [force] [fraud] [coercion] to 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, recorded, or videotaped act or show which: (A) depicts a sexual act or sexual conduct; (B) is intended to arouse, satisfy the sexual desires of, or appeal to the prurient interests of patrons or viewers; and (C) lacks literary, artistic, political, or scientific value.]

The last 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.

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.