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ALABAMA legislation
Statewide Anti-Trafficking Laws
2022 Regular Session:
HB 284 – Definitions Amended
Synopsis: Human trafficking definitions within Section 13A-6-151 amended to include additional offenses.
HB 434 – Criminal Procedure
Synopsis: Criminal procedure, victims of human trafficking, video depositions and video testimony authorized.
Code of Alabama (2021)
Title 13A – Criminal Code.
Chapter 6 – Offenses Involving Danger to the Person.
Article 8 – Human Trafficking.
Section 13A-6-151 – Definitions
Synopsis: Provides definitions for coercion, deception, labor servitude, mental suffering, minor, physical injury, sexual conduct, sexual servitude, and trafficking victim.
Note: This has been amended in the 2022 session under HB 284 described above. The new version will go into effect in January of 2023.
Section 13A-6-152 – Human Trafficking in the First Degree
Synopsis: Human trafficking in the first degree (class A felony) is defined as knowingly putting another person through labor or sexual exploitation or involving in trafficking a minor or a person believed to be a minor for sexual labor. A corporation may be prosecuted if any of its agents involves or permits human trafficking in the name of the company.
Section 13A-6-153 – Human Trafficking in the Second Degree
Synopsis: Human Trafficking in the second degree (class B felony) occurs when a person benefits from or knowingly participates and involves in labor or sexual servitude of another person. Any corporation can be prosecuted if its agents commit human trafficking on behalf of the corporation.
Section 13A-6-154 – Evidence of Certain Facts of Conditions Not Deemed a Defense
Synopsis: Evidence such as a human trafficking victim’s sexual history, connection to defendant, age of consent, or a mistake to the victim’s age, shall not constitute a defense in a prosecution for human trafficking in the first or second degree.
Section 13A-6-155 – Mandatory Restitution
Synopsis: Any person or entity convicted of any violation of this article shall be ordered to pay mandatory restitution.
Section 13A-6-156 – Forfeiture of Profits or Proceeds and Interest in Property
Synopsis: A person who commits the offense of human trafficking in the first degree or in the second degree shall forfeit to the State of Alabama any profits or proceeds and any interest in property that they acquired as a result of committing human trafficking.
Section 13A-6-157 – Civil Action by Victims; Venue; Relief Awarded
Synopsis: An individual who is a victim of human trafficking may bring a civil action in the appropriate state court.
Section 13A-6-157.1 – Action by Attorney General; Venue
Synopsis: The Attorney General may bring an action in the name of the state in the appropriate state court against the person, corporation, or entity who, they have reason to believe, is engaging in, has engaged in, or is about to engage in any act or practice deemed unlawful in this article.
Section 13A-6-158 – Limitation Period
Synopsis: With some exceptions, an action or offense defined in this article where the victim is not a minor shall be brought within five years from when they were removed or escaped from the situation. If the plaintiff is a minor, then the limitation period will not start running until they have reached the age of majority.
Section 13A-6-159 – Affirmative Defense
Synopsis: Victim of human trafficking is an affirmative defense for victims that engaged in illegal acts and are being prosecuted for prostitution.
Section 13A-6-160 – Concurrent Prosecuting Authority; Separate Offenses
Synopsis: District attorneys and the Attorney General shall have concurrent authority to prosecute any criminal cases arising under this article. Each violation under this article constitutes a separate offense.
Section 13A-6-161 – Subpoena Power of Attorney General; Discovery
Synopsis: the Attorney General may issue subpoenas to any person to appear and produce relevant evidence as part of any investigation or inquiry into possible violations of this article.
Section 13A-6-162 – Violations; Penalties
Synopsis: Any person, corporation, or other legal entity who engages in any act or practice that violates this article is liable for a civil penalty of up to fifty thousand dollars for each violation.
Section 13A-6-163 – Prosecution of Human Trafficking Offenses Against Minors
Synopsis: Any violation of this article may only be prosecuted in circuit or district court.