AB 1761: Human trafficking: victims: affirmative defense.

(1)Under existing law, as amended by Proposition 35, an initiative measure approved by the voters at the November 6, 2012, statewide general election, a person who deprives or violates another persons personal liberty with the intent to obtain forced labor or services or who deprives or violates another persons personal liberty for the purpose of prostitution or sexual exploitation is guilty of human trafficking, a felony. Proposition 35 provides that it may be amended by a statute in furtherance of its objectives by a majority of the membership of each house of the Legislature concurring.

This bill would create an affirmative defense against a charge of a crime that the person was coerced to commit the offense as a direct result of being a human trafficking victim at the time of the offense and had reasonable fear of harm. The bill would prohibit this defense from being used with respect to a serious or violent crime, as defined, or a charge of human trafficking. The bill would grant a person who prevails on that affirmative defense the right to have all records in the case sealed, except as specified, and to be released from all penalties and disabilities, as provided.

(2)Existing law makes expert testimony regarding intimate partner battering and its effects admissible in a criminal action.

This bill would make expert testimony regarding the effect of human trafficking on a human trafficking victim admissible in a criminal action.