(1) A person charged with prostitution, as described in section 18-7-201 or any corresponding municipal code or ordinance, for an offense committed on or after July 1, 2015, which offense was committed as a direct result of being a victim of human trafficking, may assert as an affirmative defense that he or she is a victim of human trafficking as defined in subsection (4) of this section. To assert the affirmative defense pursuant to this subsection (1), the person charged with the offense must demonstrate by a preponderance of the evidence that he or she was a victim of human trafficking at the time of the offense. An official determination or documentation is not required to assert an affirmative defense pursuant to this subsection (1), but official documentation from a federal, state, local, or tribal government agency indicating that the defendant was a victim at the time of the offense creates a presumption that his or her participation in the offense was a direct result of being a victim.
(2) (a) On or after January 1, 2016, a person charged with or convicted of prostitution, as described in section 18-7-201, or any corresponding municipal code or ordinance, for an offense committed before July 1, 2015, which offense was committed as a direct result of being a victim of human trafficking, as defined in subsection (4) of this section, may apply to the court for a sealing of his or her records pursuant to section 24-72-704 or 24-72-707, as applicable.
Repealed.
An official determination or documentation is not required to grant a motion pursuantto this subsection (2), but official documentation from a federal, state, local, or tribal government agency indicating that the defendant was a victim at the time of the offense creates a presumption that his or her participation in the offense was a direct result of being a victim.
At the request of a person who asserted the affirmative defense pursuant to subsection (1) of this section, the court may at any time issue a protective order concerning protecting the confidentiality of the person asserting the affirmative defense.
As used in this section, unless the context otherwise requires:
"Human trafficking" means an offense described in part 5 of article 3 of this title orany conduct that, if it occurred prior to the enactment of such part 5, would constitute an offense of human trafficking pursuant to part 5 of article 3 of this title.
"Victim of human trafficking" means a "victim" as defined in section 18-3-502 (12).
Source: L. 2015: Entire section added, (SB 15-030), ch. 107, p. 311, § 1, effective April
16. L. 2017: (2)(b) repealed, (HB 17-1204), ch. 206, p. 784, § 5, effective November 1. L. 2019:
(2)(a) amended, (HB 19-1275), ch. 295, p. 2747, § 3, effective August 2.