This bill aims to enhance protections for minor victims of human trafficking in West Virginia by amending several sections of the state's criminal code. Key changes include the insertion of language that explicitly states minors shall not be held criminally liable for prostitution if they are determined to be victims of trafficking. Additionally, the bill clarifies that a minor's participation in prostitution is presumed to be a result of being a victim of trafficking, allowing them access to child welfare services. The bill also modifies the definitions related to human trafficking, specifically including "commercial sexual activity of a minor" as a form of trafficking.

Furthermore, the bill establishes a process for victims of trafficking to vacate and expunge their convictions for prostitution, provided they can demonstrate that their actions were a direct result of being trafficked. This provision removes age and criminal history limitations typically applicable to expungement petitions, ensuring that victims can seek relief without the burden of prior offenses. Overall, the legislation seeks to provide a more supportive legal framework for minor victims of sex trafficking, emphasizing their status as victims rather than offenders.

Statutes affected:
Introduced Version: 61-8-5, 61-14-1, 61-14-6, 61-14-8, 61-14-9