Evidence of the following facts or conditions shall not constitute a defense in a prosecution for human trafficking in the first or second degree, nor shall the evidence preclude a finding of a violation:
- (1) A human trafficking victim’s sexual history or history of commercial sexual activity.
- (2) A human trafficking victim’s connection by blood or marriage to a defendant in the case or to anyone involved in the victim’s trafficking.
- (3) Consent of or permission by a victim of human trafficking or anyone else on the victim’s behalf to any commercial sex act or sexually explicit performance.
- (4) Age of consent to sex, an act defined by paragraph b. of subdivision (7) of Section 13A-6-151 of the definition for sexual servitude, legal age of marriage, or other discretionary age.
- (5) Mistake as to the human trafficking victim’s age, even if the mistake is reasonable.
(Act 2010-705, p. 1708, §5.)