Bill > HB161

This bill creates an affirmative defense to the charge of prostitution for victims of human trafficking. The bill states that a person charged with prostitution may assert as a defense that they were a victim of human trafficking at the time the offense was committed as a direct result of the actions of a person charged with human trafficking. To assert this defense, the defendant must demonstrate by a preponderance of the evidence that they were a victim of human trafficking at the time of the offense. Official documentation from a government agency demonstrating the defendant was a victim of human trafficking at the time of the offense shall create a presumption that the defendant's participation was a direct result of the actions of a person charged with human trafficking. An official court determination that the defendant was a victim of human trafficking is not required to assert this affirmative defense.

Business and Industry, Justice

https://www.nmlegis.gov/lcs/legislation.aspx?chamber=H&legtype=B&legno=161&year=21