- If a person who engages in prostitution (an aggravated misdemeanor of the sale or offer of sale of services in a sex act) is under the age of 18, then instead of filing a petition alleging that the person has committed a delinquent act, the county attorney may elect to refer the person to the department of health and human services to potentially file a petition alleging that the person is a child in need of assistance.
- Victims of human trafficking may raise an affirmative defense in a prosecution for human trafficking, solicitation of commercial sexual activity, premises used for human trafficking, and other specified offenses, if the violation directly resulted from the defendant’s status as a victim of any human trafficking crime.
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- If a person is under the age of 18 and convicted of prostitution (an aggravated misdemeanor of the sale or offer of sale of services in a sex act), then, two years after the conviction, the person may petition the court to have the conviction expunged. The conviction can also be expunged as a matter of law after the two year period if the person has no other criminal conviction (other than traffic violations or simple misdemeanors).
