CA AB1761

Creates an affirmative defense allowing a person charged with a crime to claim they were coerced to commit the offense as a direct result of being a human trafficking victim at the time of the offense and had reasonable fear of harm.

Prohibits the affirmative defense from applying to serious felonies, violent felonies, or human trafficking charges.

Allows expert testimony regarding the effects of human trafficking on victims, including physical, emotional, or mental abuse and its impact on victims' beliefs, perceptions, and behavior.

Requires defendants asserting the defense to prove it by a preponderance of the evidence and allows it to be determined at a preliminary hearing if requested.

Grants defendants who prevail on the defense the right to have all case records sealed, be released from all penalties and disabilities, and legally state they were never arrested for or charged with the crime.