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

A person who willfully operates a prostitution business or a house of prostitution [, but who does not own, control, manage, or otherwise supervise the prostitution business or house of prostitution,] is guilty of the crime of Promoting Prostitution [, a Class A Misdemeanor].

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, , willfully operated a prostitution business or a house of prostitution, as follows: .

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

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