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Indiana Code Title 31. Family Law and Juvenile Law § 31-37-22-11

Current as of January 02, 2024 | Updated by Findlaw Staff

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:

(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.

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Cite this article: FindLaw.com - Indiana Code Title 31. Family Law and Juvenile Law § 31-37-22-11 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-31-family-law-and-juvenile-law/in-code-sect-31-37-22-11/

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