13A-6-159
Section 13A-6-159 Affirmative defense. In a prosecution for prostitution, or a sexually explicit performance defined in this article, of a human trafficking victim for the victim's illegal acts engaged in or performed as a result of labor servitude or sexual servitude, it shall be an affirmative defense that the person was a victim of human trafficking. (Act 2010-705, p. 1708, §10.)...
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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.)...
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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...
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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....
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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...
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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,...
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15-20A-5
as provided by Section 13A-6-71. (23) Facilitating solicitation of unlawful sexual conduct with a child, as provided by Section 13A-6-121. (24) Electronic solicitation of a child, as provided by Section 13A-6-122. (25) Facilitating the on-line solicitation of a child, as provided by Section 13A-6-123. (26) Traveling to meet a child for an unlawful sex act, as provided by Section 13A-6-124. (27) Facilitating the travel of a child for an unlawful sex act, as provided by Section 13A-6-125. (28) Human trafficking in the first degree, as provided by Section 13A-6-152, provided that the offense involves sexual servitude. (29) Human trafficking in the second degree, as provided by Section 13A-6-153, provided that the offense involves sexual servitude. (30) Custodial sexual misconduct, as provided by Section 14-11-31. (31) Sexual extortion, as provided by Section 13A-6-241. (32) Directing a child to engage in a sex act, as provided in Section 13A-6-243. (33) Any offense which is the same as...
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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...
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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...
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13A-6-155
4A, commencing with Section 15-18-65 of Chapter 18 of Title 15, and any of the following: (1) Costs of medical and psychological treatment, including physical and occupational therapy and rehabilitation, at the court's discretion. (2) Costs of necessary transportation, temporary housing, and child care, at the court's discretion. (3) Cost of the investigation and prosecution, attorney's fees, and other court-related costs such as victim advocate fees. (4) The greater of a. the value of the human trafficking victim's labor as guaranteed under the minimum wage and overtime provisions of the Fair Labor Standards Act; or b. the gross income or value to the defendant of the victim's labor servitude or sexual servitude engaged in by the victim while in the human trafficking situation. (5) Return of property, cost of damage to property, or full value of property if destroyed or damaged beyond repair. (6) Expenses incurred by a victim and any household members or other family members in...
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