West Virginia Code 61-14-8 – Immunity for minor victim of sex trafficking
(a) In a prosecution or a juvenile prosecution for an offense of prostitution in violation of §61-8-5(b) of this code, a minor shall not be held criminally liable if the court determines that the minor is a victim of an offense under this article: Provided, That subject to proof, a minor so charged shall be rebuttably presumed to be a victim under the provisions of this article.
Terms Used In West Virginia Code 61-14-8
- Minor: means a person younger than 18 years of age or a person representing himself or herself to be a minor. See West Virginia Code 61-14-1
- Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
- Victim: means an individual who is subjected to human trafficking, regardless of whether a perpetrator is prosecuted or convicted. See West Virginia Code 61-14-1
(b) This section does not apply in a prosecution or a juvenile proceeding for any of the other offenses under §61-8-5(b) of this code, including specifically soliciting, inducing, enticing, or procuring another to commit an act or offense of prostitution, unless it is determined by the court that the minor was coerced into the criminal behavior.
(c) A minor who, under subsection (a) or (b) of this section, is not subject to criminal liability or adjudication as a juvenile delinquent is presumed to be an abused child, as defined in § 49-1-201 of this code, and may be eligible for services under chapter 49 of this code including, but not limited to, appropriate child welfare services including, but not limited to, comprehensive trauma-informed services that are specialized to the needs of child victims of sexual abuse and exploitation or child sex trafficking victims.