AB-1761: Human trafficking: Victims: Affirmative Defense

Session: 2015-2016
Author: Weber
Status: Signed into Law (Chaptered)
AAP-CA Position: Support
To view the status of this bill on the State Website, click here.
This bill would create an affirmative defense against a charge of a nonviolent crime that was committed as a direct result of being a human trafficking victim. The bill would create an affirmative defense to any crime not punishable by death that the defendant committed as a result of duress created by a person who deprived or violated the personal liberty of the defendant. The bill would require the court to dismiss any charges arising from a commercial sex act against a person who was under 18 years of age, whether or not the defendant asserts the affirmative defense. The bill would grant a defendant who prevails on that affirmative defense the right to have all records in the case sealed and to be released from all penalties and disabilities, as provided. The bill would define “human trafficking victim” and “nonviolent crime” for these purposes.
This bill would make expert testimony regarding the effect of human trafficking on a human trafficking victim admissible in a criminal action.
This bill would require the Attorney General to exclude from the state summary criminal history information to exclude any charge or conviction for which relief has been granted pursuant to the provisions of this bill.

 

Download AAP Positional Letter: Letter to Author