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151:1 Trafficking in Persons. Amend RSA 633:7, VI to read as follows:
VI.(a) A victim under this section who was under 18 years of age at the time of the offense shall not be subject to juvenile delinquency proceeding under RSA 169-B, or prosecuted for conduct chargeable as indecent exposure and lewdness under RSA 645:1 or prostitution under RSA 645:2, where the conduct was committed as a direct result of being trafficked .
(b) An individual convicted, of an offense under RSA 645:1 or RSA 645:2 for conduct committed as a direct result of being a victim of human trafficking may file a motion with the circuit court, district division, to vacate the conviction . A copy of the motion shall be provided to the agency that prosecuted the offense. After a hearing, the court may grant the request upon a finding, by clear and convincing evidence, that the defendant's participation in the offense was a direct result of being trafficked.
(c) The defendant shall not be required to provide any official documentation indicating that he or she was a victim of trafficking, but such documentation, if provided, shall create the presumption that the defendant's participation in the offense was a direct result of being a victim of trafficking.
151:2 Effective Date. This act shall take effect January 1, 2020.
Approved: July 01, 2019
Effective Date: January 01, 2020
Text to be added highlighted in green.
151:1 Trafficking in Persons. Amend RSA 633:7, VI to read as follows:
VI.(a) A victim under this section who was under 18 years of age at the time of the offense shall not be subject to juvenile delinquency proceeding under RSA 169-B, or prosecuted for conduct chargeable as indecent exposure and lewdness under RSA 645:1 , prostitution under RSA 645:2, or any other misdemeanor or class B felony, where the conduct was committed as a direct result of being trafficked , provided that the conduct chargeable did not involve an act of violence as defined inRSA 625:9, VII .
(b) An individual convicted, or adjudicated as delinquent, for the commission of an offense set forth in subparagraph (a) which was committed as a direct result of being a victim of human trafficking may file a motion with the circuit court, district division, to vacate the conviction or adjudication . A copy of the motion shall be provided to the agency that prosecuted the offense. After a hearing, the court may grant the request upon a finding, by clear and convincing evidence, that the defendant's participation in the offense was a direct result of being trafficked.
(c) The defendant shall not be required to provide any official documentation indicating that he or she was a victim of trafficking, but such documentation, if provided, shall create the presumption that the defendant's participation in the offense was a direct result of being a victim of trafficking.
151:2 Effective Date. This act shall take effect January 1, 2020.
Approved: July 01, 2019
Effective Date: January 01, 2020