HOUSE BILL 161

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

T. Ryan Lane

 

 

 

 

 

AN ACT

RELATING TO CRIME; CREATING AN AFFIRMATIVE DEFENSE TO THE CHARGE OF PROSTITUTION FOR VICTIMS OF HUMAN TRAFFICKING.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of Chapter 30, Article 52 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] AFFIRMATIVE DEFENSE TO THE CHARGE OF PROSTITUTION--PROOF REQUIRED.--

          A. A person charged with prostitution pursuant to Section 30-9-2 NMSA 1978 may assert as an affirmative defense that the defendant is a victim of human trafficking when the offense was committed as a direct result of the actions of a person charged with human trafficking.

          B. To assert the affirmative defense provided for in Subsection A of this section, the defendant charged with the offense must demonstrate by a preponderance of the evidence that the defendant was a victim of human trafficking at the time of the offense. Official documentation from a federal, state, local or tribal government agency demonstrating that the defendant was a victim of human trafficking at the time of the offense shall create a presumption that the defendant's participation in the offense was a direct result of the actions of a person charged with human trafficking. An official determination from a court that the defendant was a victim of human trafficking at the time of the offense is not required to assert this affirmative defense."

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