13A-6-154
Section 13A-6-154 Evidence of certain facts or conditions not deemed a defense. Evidence of the following facts or conditions shall not constitute a defense in a prosecution for human trafficking in the first or second degree, nor shall the evidence preclude a finding of a violation: (1) A human trafficking victim's sexual history or history of commercial sexual activity. (2) A human trafficking victim's connection by blood or marriage to a defendant in the case or to anyone involved in the victim's trafficking. (3) Consent of or permission by a victim of human trafficking or anyone else on the victim's behalf to any commercial sex act or sexually explicit performance. (4) Age of consent to sex, an act defined by paragraph b. of subdivision (7) of Section 13A-6-151 of the definition for sexual servitude, legal age of marriage, or other discretionary age. (5) Mistake as to the human trafficking victim's age, even if the mistake is reasonable. (Act 2010-705, p. 1708, §5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-154.htm - 1K - Match Info - Similar pages
13A-12-124
Section 13A-12-124 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE JULY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) As used in this section, the term minor victim means a person who committed, or was solicited to commit, an act of prostitution while the person was a minor. (b) Evidence of any of the following facts or conditions does not constitute a defense in a prosecution under Section 13A-12-121.1, nor shall the evidence preclude a finding of a violation: (1) A minor victim's sexual history or history of commercial sexual activity. (2) A minor victim's connection by blood or marriage to a defendant in the case or to anyone involved in the minor victim's prostitution. (3) Consent of or permission by a minor victim or anyone else on the minor victim's behalf to any commercial sex act or sexually explicit performance. (4) Age of consent to engage in sexual activity. (5) Mistake as to the minor victim's age, even if the mistake is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-12-124.htm - 1K - Match Info - Similar pages
13A-6-151
physical injury or mental suffering. (3) LABOR SERVITUDE. Work or service of economic or financial value which is performed or provided by another person and is induced or obtained by coercion or deception. (4) MENTAL SUFFERING. A high degree of mental pain or emotional disturbances, such as distress, anxiety, public humiliation, or psychosomatic physical symptoms. It is more than mere disappointment, anger, resentment, wounded pride, or embarrassment and must be a direct result of the crime of human trafficking. (5) MINOR. A person under the age of 19. (6) PHYSICAL INJURY. Impairment of physical condition or substantial pain. (7) SEXUAL CONDUCT. Any of the following acts: a. Sexual Intercourse. This term shall have its ordinary meaning and occurs upon a penetration, however slight; emission is not required. b. Sexual Contact. Any known touching for the purpose of sexual arousal, gratification, or abuse of the following: 1. The sexual or other intimate parts of the victim by the actor....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-151.htm - 5K - Match Info - Similar pages
12-25-32
Production of obscene matter involving a minor pursuant to Section 13A-12-197. 41. Trafficking pursuant to Section 13A-12-231. 42. Child abuse pursuant to Section 26-15-3. 43. Elder abuse pursuant to Section 38-9-7. 44. Terrorism pursuant to Section 13A-10-152. 45. Hindering prosecution for terrorism pursuant to Section 13A-10-154. 46. Domestic violence III pursuant to subsection (d) of Section 13A-6-132. 47. Domestic violence by strangulation or suffocation pursuant to Section 13A-6-138. 48. Human trafficking I pursuant to Section 13A-6-152. 49. Human trafficking II pursuant to Section 13A-6-153. 50. Hindering prosecution in the first degree pursuant to Section 13A-10-43. 51. Any substantially similar offense for which an Alabama offender has been convicted under prior Alabama law or the law of any other state, the District of Columbia, the United States, or any of the territories of the United States. b. The basis for defining these offenses as violent is that each offense meets at...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-25-32.htm - 11K - Match Info - Similar pages
13A-6-158
Section 13A-6-158 Limitation period. (a)(1) Except as provided in subsection (c), an action for an offense defined by this article where the victim is not a minor shall be brought within five years from the date the victim was removed or escaped from the human trafficking situation. (2) Any statute of limitations that would otherwise preclude prosecution for an offense involving the trafficking of a minor, or the physical or sexual abuse of a minor, shall be tolled until such time as the victim has reached the age of 19 years. (3) The running of the statute of limitations shall be suspended where a person entitled to bring a claim of an offense defined by this article could not have reasonably discovered the crime due to circumstances resulting from the human trafficking situation, such as psychological trauma, cultural and linguistic isolation, and the inability to access services. (b) Any statute of limitation period imposed for the filing of a civil action under this article will...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-158.htm - 2K - Match Info - Similar pages
12-17-226.2
charged with a criminal offense specified in subsection (b) whose jurisdiction is in the circuit court or district court in a circuit in which a pretrial diversion program has been created pursuant to this division may apply to the district attorney of the circuit for admittance to the program. (b) A person charged with any of the following offenses may apply for the pretrial diversion program: (1) A drug offense, excluding sale of a controlled substance as provided in Section 13A-12-211, trafficking in controlled substances or cannabis as provided in Section 13A-12-231, manufacturing controlled substances in the first degree as provided in Section 13A-12-218, or trafficking in an analog controlled substance. (2) A property offense. (3) An offense that does not involve serious physical injury, death, a victim under the age of 14, or a sex offense involving forcible compulsion or incapacity of a victim. (4) A misdemeanor or violation, except the district attorney may determine that a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-226.2.htm - 3K - Match Info - Similar pages
15-27-2
without prejudice more than five years ago, has not been refiled, and the person has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations, during the previous five years. (5) Ninety days have passed from the date of dismissal with prejudice, no-bill, acquittal, or nolle prosequi and the charge has not been refiled. (6) When the person proves by a preponderance of the evidence that the person is a victim of human trafficking, that the person committed the felony offense during the period the person was being trafficked, and that the person would not have committed the felony offense but for being trafficked. Evidence that a person is a victim of human trafficking may include, but is not limited to, evidence that the person's trafficker was convicted of trafficking the person under Section 13A-6-152 or Section 13A-6-153. (b) Subsection (a) notwithstanding, convictions for the following offenses,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-27-2.htm - 3K - Match Info - Similar pages
12-15-701
Section 12-15-701 Definitions; applicability of prostitution statutes; procedures. (a) For the purposes of this section, sexually exploited child shall mean an individual under the age of 18 years who is under the jurisdiction of the juvenile court and who has been subjected to sexual exploitation because he or she is any of the following: (1) A victim of the crime of human trafficking sexual servitude as provided in Section 13A-6-150, et seq. (2) Engaged in prostitution as provided in Section 13A-12-120 or 13A-12-121. (3) A victim of the crime of promoting prostitution as provided in Section 13A-12-111, 13A-12-112, or 13A-12-113. (b) A sexually exploited child may not be adjudicated delinquent or convicted of a crime of prostitution as provided in Section 13A-12-120 or 13A-12-121, or any municipal ordinance prohibiting such acts. (c) In any proceeding based upon a child's arrest for an act of prostitution, there is a presumption that the child satisfies the definition of a sexually...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-701.htm - 4K - Match Info - Similar pages
45-7-82.22
diversion program. (b) A person charged with any of the following offenses may apply for admission into the program: (1) A traffic offense. (2) A property offense. (3) An offense wherein the victim did not receive serious physical injury. (4) An offense in which the victim was not a child under 14 years of age, a law enforcement officer, a school official, or a correctional officer. (5) A misdemeanor, unless specifically excluded in this section. (6) A violation classified under this code. (c) The following offenses are ineligible for consideration for the pretrial diversion program: (1) Trafficking, distribution, or manufacturing of drugs. (2) Any offense involving the abuse of a child or an elderly person. (3) Any sex offense. (4) Any Class A felony. (5) Any offense involving serious injury to a person. (6) Any offense involving death of an individual. (7) An offense for the operation of a vehicle for which a commercial driver license was required. (Act 2009-460, p. 802, §3.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-7-82.22.htm - 1K - Match Info - Similar pages
45-23-82.02
(1) A traffic offense, other than driving under the influence (DUI). (2) A property offense. (3) An offense wherein the victim did not receive serious physical injury. (4) An offense in which the victim was not a child under 14 years of age, a law enforcement officer, a school official, or a correctional officer. (5) A misdemeanor other than one specifically excluded in this section. (c) The following offenses are ineligible for consideration for the pretrial diversion program: (1) Trafficking or distribution of drugs, or both. (2) Any offense involving the abuse of a child or an elderly person. (3) Any forcible sex offense. (4) Any Class A felony. (5) Any offense involving serious injury to a person. (6) Any offense involving death. (7) Driving under the influence or a traffic offense charged to a commercial driver license holder, whether or not the holder was operating a commercial motor vehicle at the time of the offense. (8) Domestic violence. (9) Bribery in any degree....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-23-82.02.htm - 2K - Match Info - Similar pages
|