[In the event you find the Defendant not guilty of the crime of Facilitating Prostitution, a class C felony, then you must consider whether the Defendant is guilty of the crime of Facilitating Prostitution, a class A misdemeanor, an offense which is necessarily included in the offense charged.]

A person who intentionally causes another to remain a prostitute is guilty of the [included] offense of Facilitating Prostitution, a class A misdemeanor. [It is distinguished from Facilitating Prostitution, a class C felony, in that [the Defendant did not use force or threat to cause another to remain a prostitute] [the prostitute was not the Defendant's wife, child, or ward] [the prostitute was not a person for whose care, protection, or support the Defendant was responsible] [the prostitute was, in fact, sixteen (16) years of age or older.]]

ESSENTIAL ELEMENTS OF INCLUDED OFFENSE The State’s burden of proof is satisfied if the evidence shows, beyond a reasonable doubt, the following essential elements:

1) On or about [month] [day] [year], in [County], North Dakota;

2) The Defendant,_______________, intentionally caused _______________ to remain a prostitute.

DEFINITIONS [Insert relevant definitions. NDCC 12.1-02-02, 12.1-29-05.]

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