In re N.C.

The Californians Against Sexual Exploitation Act (CASE Act), enacted by the voters of the state as Proposition 35 at the general election on November 6, 2012, increased penalties for human trafficking, authorized the collection of fines to be used for victim services and law enforcement, required persons convicted of trafficking to register as sex offenders, and required such offenders to provide information regarding Internet access and identities they use in online activities. The CASE Act also added section 1161 to the Evidence Code (section 1161). Subdivision (a) of section 1161 (which as we later explain, was amended by the Legislature in 2013) now declares that evidence that a victim of human trafficking “has engaged in any commercial sexual act as a result of being a victim of human trafficking is inadmissible to prove the victim’s criminal liability for the commercial sexual act.”

Appellant, a 17-year-old victim of human trafficking, was charged with prostitution under Penal Code section 647, subdivision (b), which provides that every person who “solicits or who agrees to engage in or who engages in any act of prostitution [is guilty of disorderly conduct]. A…