T.P.I. -- CRIM. 10.08

PROMOTING PROSTITUTION

            Any person who commits the offense of promoting prostitution is guilty of a crime.

            For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:¹

[Part A:

            (1)  that the defendant [owned] [controlled] [managed] [supervised] [kept],

                   [alone] [in association with others] [a business for the purpose of

                   engaging in prostitution] [a house of prostitution];

and

            (2)  that the defendant acted either intentionally, knowingly or recklessly.²]

or

[Part B:

            (1)  that the defendant procured an inmate for a house of prostitution;

and

            (2)  that the defendant acted either intentionally, knowingly or recklessly.³]

or

[Part C:

            (1)  that the defendant encouraged, induced or purposely caused another

                   to become a prostitute;

and

            (2)  that the defendant acted either intentionally, knowingly or recklessly.⁴]

or

[Part D:

            (1)  that the defendant solicited a person to patronize a prostitute;

and

            (2)  that the defendant acted either intentionally, knowingly or recklessly.⁵]

or

[Part E:

            (1)  that the defendant procured a prostitute for a patron;

and

            (2)  that the defendant acted either intentionally, knowingly or recklessly.⁶]

or

[Part F:

            (1)  that the defendant [solicited] [received] [agreed to receive] a benefit

                   for engaging in the activity of ______________________________⁷;

                                                                    (list activities defined in § 39-13-512(4))

and

            (2)  that the defendant acted either intentionally, knowingly or recklessly.⁸]

            "Prostitution" means engaging in, or offering to engage in, sexual activity as a business or being an inmate in a house of prostitution or loitering in a public place for the purpose of being hired to engage in sexual activity.⁹

            "House of prostitution" means any place where prostitution or the promotion of prostitution is regularly carried on by one or more person(s) under the control, management or supervision of another.¹⁰

            "Inmate" means a person who engages in prostitution in or through the agency of a house of prostitution.¹¹

            "Patronizing prostitution" means soliciting or hiring another person with the intent that the other person engage in prostitution, or entering or remaining in a house of prostitution for the purpose of engaging in sexual activity.¹²

            "Sexual activity" means any sexual relations including homosexual sexual relations.¹³

            "Intentionally" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.¹⁴

            "Knowingly" means that a person acts knowingly with respect to the conduct or to circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist.  A person acts knowingly with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.¹⁵

            "Recklessly" means that a person acts recklessly with respect to circumstances surrounding the conduct, or the result of the conduct, when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.  The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint.¹⁶

FOOTNOTES

  1.  Tenn. Code Ann. § § 39-13-515 and 39-13-512(4).

  2.  Tenn. Code Ann. § 39-11-301(b) and (c) and accompanying Sentencing

       Commission Comment.

  3.  Id.

  4.  Id.

  5.  Id.

  6.  Id.

  7.  List any activities defined in Tenn. Code Ann. § 39-13-512(4)(A) through (F).

  8.  Tenn. Code Ann. § 39-11-301(b) and (c) and accompanying Sentencing

       Commission Comment.

  9.  Tenn. Code Ann. § 39-13-512(5).

10. Tenn. Code Ann. § 39-13-512(1).

11. Tenn. Code Ann. § 39-13-512(2).

12. Tenn. Code Ann. § 39-13-512(3).

13. Tenn. Code Ann. § 39-13-512(6).

14. Tenn. Code Ann. § 39-11-106(a)(18).

15. Tenn. Code Ann. § 39-11-106(a)(20).

16. Tenn. Code Ann. § 39-11-106(a)(31).

COMMENTS

            1.  Promoting prostitution is a Class E felony.  Tenn. Code Ann. § 39-13-515.

            2.  If the definition of an offense within Title 39 does not plainly dispense with a mental element, intent, knowledge or recklessness suffices to establish the culpable mental state.  Tenn. Code Ann. § 39-11-301(c).  The Committee is of the opinion that the definitions of "intentionally", "knowingly", and "recklessly" should all be charged for this offense.