Section 11-67.1-9. – Aggravating circumstance.
§ 11-67.1-9. Aggravating circumstance. (a) An aggravating circumstance during the commission of an offense under §§ 11-67.1-3, 11-67.1-4, or 11-67.1-5 occurs when: (1) The defendant recruited, enticed, or obtained the victim of the offense from a shelter that serves individuals subjected to human trafficking, domestic violence, or sexual assault, runaway youth, foster children, or the […]
Section 11-67.1-25. – Severability.
§ 11-67.1-25. Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. History […]
Section 11-67.1-10. – Restitution.
§ 11-67.1-10. Restitution. (a) The court shall order a person convicted of an offense under §§ 11-67.1-3, 11-67.1-4, or 11-67.1-5 to pay restitution to the victim of the offense for: (1) Expenses incurred or reasonably certain to be incurred by the victim as a result of the offense, including reasonable attorneys’ fees and costs; and […]
Section 11-67.1-26. – Effect of repeal on criminal prosecutions.
§ 11-67.1-26. Effect of repeal on criminal prosecutions. (a) For the purposes of this chapter, the term “event” means and includes any conduct, investigation, suit, prosecution, complaint, information, or indictment related to violations committed before the date of repeal of chapter 67 of title 11. (b) No event occurring or committed under chapter 67 of […]
Section 11-67.1-11. – Forfeiture.
§ 11-67.1-11. Forfeiture. (a) On motion, the court shall order a person convicted of an offense under §§ 11-67.1-3, 11-67.1-4, or 11-67.1-5 to forfeit any interest in real or personal property that: (1) Was used or intended to be used to commit or facilitate the commission of the offense; or (2) Constitutes proceeds or was […]
Section 11-67.1-12. – Statute of limitations.
§ 11-67.1-12. Statute of limitations. A prosecution for an offense under this chapter must be commenced not later than ten (10) years after commission of the offense. History of Section.P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.
Section 11-67.1-13. – Victim confidentiality.
§ 11-67.1-13. Victim confidentiality. In an investigation of or a prosecution for an offense under this chapter, every agency of state or local government shall keep confidential the identity, pictures, and images of the alleged victim and the family of the alleged victim, except to the extent that disclosure is: (1) Necessary for the purpose […]
Section 11-67.1-14. – Past sexual behavior of victim.
§ 11-67.1-14. Past sexual behavior of victim. In a prosecution for an offense under this chapter or a civil action under § 11-67.1-18, evidence of a specific instance of the alleged victim’s past sexual behavior or reputation, or opinion evidence of past sexual behavior of the alleged victim, is not admissible unless the evidence is: […]
Section 11-67.1-15. – Immunity of minor.
§ 11-67.1-15. Immunity of minor. (a) An individual is not criminally liable or subject to a delinquency proceeding in the family court for prostitution or solicitation to commit a sexual act if the individual was a minor at the time of the offense and committed the offense as a direct result of being a victim. […]
Section 11-67.1-16. – Affirmative defense of victim.
§ 11-67.1-16. Affirmative defense of victim. An individual charged with prostitution or solicitation to commit a sexual act, committed as a direct result of being a victim, may assert an affirmative defense that the individual is a victim. History of Section.P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.