(a) For purposes of this chapter, “commercially sexually exploited minor” means a person under 18 years of age who is described by one or more of the following:
(1) Has been abused in the manner described in paragraph (2) of subdivision (c) of Section 11165.1 of the Penal Code, and who has been detained for a violation of the law or placed in civil protective custody on a safety hold based only on a violation of subdivision (a) or (b) of Section 647 of the Penal Code or subdivision (a) of Section 653.22 of the Penal Code.
(2) Has been adjudged a dependent of the juvenile court pursuant to paragraph (2) of subdivision (b) of Section 300.
(3) Has been the victim of abduction, as described in Section 267 of the Penal Code.
(4) Meets the definition of a victim of a severe form of trafficking, as defined in Section 7105 of Title 22 of the United States Code.
(b) If a minor is arrested or detained for an alleged violation of subdivision (a) or (b) of Section 647 of the Penal Code or of subdivision (a) of Section 653.22 of the Penal Code, or if a minor is the subject of a petition to adjudge him or her a dependent of the juvenile court pursuant to paragraph (2) of subdivision (b) of Section 300, he or she shall be presumed to be a commercially sexually exploited minor, as defined in subdivision (a).
(Amended by Stats. 2016, Ch. 653, Sec. 4. (SB 1064) Effective January 1, 2017.)
Last modified: October 25, 2018