(a) For purposes of this chapter, “commercially sexually exploited minor” means a person under 18 years of age who is described by one or more of the following:

(1) Has been abused in the manner described in paragraph (2) of subdivision (c) of § 11165.1 of the Penal Code, and who has been detained for a violation of the law or placed in civil protective custody on a safety hold based only on a violation of subdivision (a) or (b) of § 647 of the Penal Code or subdivision (a) of former § 653.22 of the Penal Code.

Terms Used In California Welfare and Institutions Code 18259.3

  • custody: means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case "custody" means the physical custody of the child by one of the persons sharing the right to custody. See California Welfare and Institutions Code 17.1
  • Dependent: A person dependent for support upon another.

(2) Has been adjudged a dependent of the juvenile court pursuant to paragraph (2) of subdivision (b) of Section 300.

(3) Has been the victim of abduction, as described in § 267 of the Penal Code.

(4) Meets the definition of a victim of a severe form of trafficking, as defined in Section 7105 of Title 22 of the United States Code.

(b) If a minor is arrested or detained for an alleged violation of subdivision (a) or (b) of § 647 of the Penal Code or of subdivision (a) of former § 653.22 of the Penal Code, or if a minor is the subject of a petition to be adjudged a dependent of the juvenile court pursuant to paragraph (2) of subdivision (b) of Section 300, they shall be presumed to be a commercially sexually exploited minor, as defined in subdivision (a).

(Amended by Stats. 2022, Ch. 86, Sec. 10. (SB 357) Effective January 1, 2023.)

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