(a) As used in this section:(1) “Nonviolent criminal offense” means a criminal offense that does not constitute a violent crime as defined in § 16-90-1101; and(2) “Victim of trafficking of persons” means a person who has been subjected to trafficking of persons, § 5-18-103.
(1) “Nonviolent criminal offense” means a criminal offense that does not constitute a violent crime as defined in § 16-90-1101; and
(2) “Victim of trafficking of persons” means a person who has been subjected to trafficking of persons, § 5-18-103.
(b) If a person is eighteen (18) years of age or older, it is an affirmative defense to a prosecution for an offense listed under subsection (c) of this section if at the time a person engaged in the conduct charged to constitute the offense the person:(1) Was a victim of trafficking of persons, § 5-18-103; and(2) Engaged in the offense as a direct result of the trafficking of persons, § 5-18-103.
(1) Was a victim of trafficking of persons, § 5-18-103; and
(2) Engaged in the offense as a direct result of the trafficking of persons, § 5-18-103.
(c) The affirmative defense under subsection (b) of this section may be raised only in a prosecution for one (1) or more of the following offenses:(1) Forgery, § 5-37-201;(2) Defrauding a prospective adoptive parent, § 5-37-216;(3) A prostitution offense under § 5-70-101 et seq.;(4) Obscene performance at a live public show, § 5-68-305; or(5) A controlled substance offense under § 5-64-402 et seq. that is not a Class Y felony.
(1) Forgery, § 5-37-201;
(2) Defrauding a prospective adoptive parent, § 5-37-216;
(3) A prostitution offense under § 5-70-101 et seq.;
(4) Obscene performance at a live public show, § 5-68-305; or
(5) A controlled substance offense under § 5-64-402 et seq. that is not a Class Y felony.
(d) If a person is seventeen (17) years of age or younger, it is an affirmative defense to a prosecution for a nonviolent criminal offense if at the time a person engaged in the conduct charged to constitute the offense the person was:(1) A victim of trafficking of persons; and(2) Engaged in the offense as a direct result of the trafficking of persons.
(1) A victim of trafficking of persons; and
(2) Engaged in the offense as a direct result of the trafficking of persons.