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New Jersey

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  • Safe Harbor Provisions

  • Laws Relating to Establishing Self-Defense

  • Mitigation Provisions Specific to the Context of GBV

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  • Safe Harbor Provisions

N.J. STAT. ANN. § 2C:13-8(3)(C) (2022).

  • It is an affirmative defense to prosecution for a violation of this section (prostitution) that, during the time of the alleged commission of the offense of human trafficking created by this section, the defendant was a victim of human trafficking.

N.J. STAT. ANN. § 2A:4A-71(B)(11) (2023).

  • Intake services must consider any information relevant to the offense when the juvenile is charged with prostitution or any offense which the juvenile alleges is related to being a victim of human trafficking when recommending diversion.

N.J. STAT. ANN. § C.2A:4A-32 (2011).

  • Requires services be provided for sexually exploited juveniles charged with prostitution or juvenile victims of human trafficking; creates a presumption of coercion under certain circumstances.
  • If the defendant was under the age of 18 during the time of the alleged commission of the offense, there is a presumption that the defendant was a severely trafficked person who was coerced into committing the offense.

N.J. STAT. ANN. § 2A:4A-74(5)(B)(12) (2023).

  • In determining the appropriate resolution of a complaint, the following factors shall be considered by court intake services:
    • Any information relevant to the offense in any case where the juvenile is charged with an act which if committed by an adult would constitute prostitution in violation of N.J.S.2C:34-1 or any offense which the juvenile alleges is related to the juvenile being a victim of human trafficking.

 

  • Laws Relating to Establishing Self-Defense

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  • Mitigation Provisions Specific to the Context of GBV

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  • Laws Allowing Expungement/Vacatur

N.J. STAT. Ann. § 2C:44-1.1(10)(a)(1) (2014).

  • New Jersey law permits an individual to have a prostitution or prostitution-related offense expunged or vacated if they provide proof that the individual was a victim of human trafficking.
  • The burden of proof is a preponderance of evidence to rebut the presumption of prostitution.
  • The application must generally be made and heard within a reasonable time after the person ceased to be a victim of human trafficking or sought services for being a victim of human trafficking.
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The Justice for Youth Survivors Initiative is a partnership between the Center on Gender Justice & Opportunity at Georgetown Law and the National Black Women’s Justice Institute.

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