Sec. 11. (a) As used in this section, “trafficked child” means a child who was the victim of human trafficking (IC 35-42-3.5), regardless of whether the person who committed the human trafficking offense was charged, tried, or convicted. The term includes a person who is now an adult.

     (b) Upon the written motion of a trafficked child, or any person acting on behalf of a trafficked child, the court that adjudicated the trafficked child a delinquent child shall vacate the adjudication issued with respect to the trafficked child, if the movant proves by a preponderance of the evidence that:

criminal case

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Terms Used In Indiana Code 31-37-22-11

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(1) the child was a trafficked child at the time the child performed the delinquent act that resulted in the adjudication;

(2) the delinquent act did not result in bodily injury to another person; and

(3) at the time the child committed the delinquent act, the child was:

(A) coerced by; or

(B) under the control of;

another person.

     (c) Before vacating an adjudication under subsection (b), the court shall:

(1) forward a copy of the motion to the prosecuting attorney; and

(2) conduct a hearing at which the prosecuting attorney and the movant are entitled to be heard.

As added by P.L.86-2017, SEC.6. Amended by P.L.142-2020, SEC.48.

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