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21LSO-0507
2021
STATE OF WYOMING
21LSO-0507
ENGROSSED
3.0
HOUSE BILL NO. HB0210
Minor sex traffic victims-liability.
Sponsored by: Representative(s) Bear, Andrew, Barlow, Brown, Burt, Connolly, Duncan, Fortner, Hallinan, Haroldson, Jennings, Knapp, Laursen, Neiman and Ottman and Senator(s) Biteman, French and McKeown
A BILL
for
AN ACT relating to human trafficking; specifying requirements for arrest and conviction of minors engaged in commercial sex acts; providing that a minor charged as a result of engaging in a commercial sex act is rebuttably presumed to be a victim of human sex trafficking; providing that a minor who engages in any commercial sex act is a neglected child in need of supervision; amending a definition; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 6
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2
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708(a) and (b) and 14
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3
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202(a)(ii)(intro) are amended to read:
6
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2
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708.
Victim defenses; vacating convictions.
(a)
A victim of human trafficking is not criminally liable for any commercial sex act or other criminal acts committed as a direct result of, or incident to, being a victim of human trafficking in violation of W.S. 6
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2
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702 through 6
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2
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707.
A minor who engages in a commercial sex act:
(i)
Shall not be subject to arrest or prosecution for violating W.S. 6
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4
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101 or other criminal acts as a result of engaging in the commercial sex act unless there is probable cause to believe that the minor was not subject to coercion and was not providing forced services when engaging in the act;
(ii)
Shall be rebuttably presumed to be a victim of human trafficking in any criminal charge as a result of engaging in the commercial sex act, regardless of whether any other person is identified or prosecuted as a result of engaging in the commercial sex act.
The presumption shall be overcome only by establishing beyond a reasonable doubt that the minor was not subject to coercion and was not
providing forced services when engaging in the commercial sex act.
(b)
A victim of human trafficking who is a minor shall be deemed
a neglected child under the Child Protection Act, regardless of whether the perpetrator is the child's parent or person responsible for the child's welfare, and
a child in need of supervision in accordance with the Children in Need of Supervision Act
.
or a neglected child in accordance with the Child Protection Act.
14
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3
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202.
Definitions.
(a)
As used in W.S. 14
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3
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201 through 14
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3
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216:
(ii)
"Abuse" means inflicting or causing physical or mental injury, harm or imminent danger to the physical or mental health or welfare of a child other than by accidental means, including abandonment, unless the abandonment is a relinquishment substantially in accordance with W.S. 14
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11
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101 through 14
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11
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109, excessive or unreasonable corporal punishment, malnutrition or
substantial risk thereof by reason of intentional or unintentional neglect,
the commission of a human trafficking offense against a minor as prohibited by title 6, chapter 2, article 7 of the Wyoming statutes
and the commission or allowing the commission of a sexual offense against a child as defined by law:
Section 2
.
This act is effective July 1, 2021
.
(END)
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HB0210