- This law limits the prosecution of minors for prostitution. An individual under the age of 18 who engaged in prostitution is considered a “sexually exploited child” and cannot be prosecuted for prostitution.
- A sexually exploited child shall mean an individual under the age of 18 years who is under the jurisdiction of the juvenile court and who has been subjected to sexual exploitation because he or she is any of the following:
- A victim of the crime of human trafficking sexual servitude as provided in Section 13A-6-150, et seq.
- Engaged in prostitution as provided in Section 13A-12-120 or 13A-12-121.
- A victim of the crime of promoting prostitution as provided in Section 13A-12-111, 13A-12-112, or
13A-12-113.
- A sexually exploited child may not be adjudicated delinquent or convicted of a crime of prostitution as provided in Section 13A-12-120 or 13A-12-121, or any municipal ordinance prohibiting such acts.
- A presumption of victimization exists under Ala. Code § 12-15-701(c), but minors not identified as sexually exploited are excluded from protection.
- Under Ala. Code § 12-15-701(d), a child, including one identified as a sexually exploited child, may, under certain circumstances, be adjudged as in need of supervision and subjected to an informal adjustment.
- In a prosecution for prostitution of a human trafficking victim, it is an affirmative defense that the person was a victim of human trafficking.
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ALA. CODE § 15-27-1(8) (2023).
- Permits expungement of misdemeanor offense, a violation, traffic violations, or municipal ordinance violations in certain circumstances including:
- Proof by a preponderance of the evidence that the person is a victim of human trafficking; and
- Proof that the person committed the misdemeanor offense, violation, traffic violation, or municipal ordinance violation during the period the person was being trafficked, and that the person would not have committed the offense or violation but for being trafficked.
Additional Resources
- Juveniles can petition for sealing of their records once they turn 18 or after the juvenile case has been resolved, provided certain conditions are met.
- While the statute does not expressly mention gender-based violence, judges have discretion to consider mitigating factors, including the juvenile’s status as a victim of trafficking or abuse.
