THE SHELLOW COLLECTION
 Jury Instructions By James M. Shellow of Wisconsin
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Prostitution

1.    No Evidence Of Offering To Have Sex For Thing Of Value

THE SHELLOW COLLECTION
Jury Instructions By James M. Shellow of Wisconsin

1.    No Evidence Of Offering To Have Sex For Thing Of Value

ALERT: Carefully review the Caveats and Disclaimers before using these materials.

SAMPLE INSTRUCTION # 1:

    The defendant is charged with intentionally making an offer to engage in nonmarital sexual intercourse for a thing of value. The burden is upon the state to prove by evidence which satisfied you beyond a reasonable doubt that if any offer was communicated by the defendant that it was an offer to engage in nonmarital sexual intercourse. One of the defenses of the defendant is that the evidence does not show a communication by (him/her) which was definite in its terms, that is, there was no reference to having nonmarital sexual intercourse for a thing of value. It is one of the defendant's defenses that the evidence shows, at most, mere conversation about sex in general without a definite offer to engage in nonmarital sexual intercourse.

SAMPLE INSTRUCTION # 2:

    It is one of the defenses of the defendant in this case that (he/she) never intended to make an offer to engage in nonmarital sexual intercourse for a thing of value with __________ (name of third party). It is one of the defenses of the defendant that __________ (name of third party) requested to have sexual relations of an undefined nature with the defendant, that __________ (name of third party) initiated the request, and that __________ (name of third party), rather than the defendant, requested undefined sexual relations for an amount of money.

    If you find credible evidence in this case that __________ (name of third party) requested to have nonmarital sexual relations with the defendant, that __________ (name of third party) offered to pay money to the defendant for sexual relations, and that defendant did not agree, but merely indicated a willingness to discuss the subject of sex, and such credible evidence creates a reasonable doubt that the defendant intentionally offered to have nonmarital sexual intercourse for a thing of value, then you should find the defendant not guilty.

RELATED NCJIC MATERIALS:

See NCJIC 101.8 [Prostitution And Pimping].