Victim Immunity from Prosecution

(a)In any prosecution of a person who is a victim of trafficking in persons, it shall be an affirmative defense that he or she was under duress or coerced into committing the offenses for which he or she is being subject to prosecution.

(b)A victim of trafficking in persons is not criminally liable for any commercial sex act or illegal sexually-explicit performance committed as a direct result of, or incident or related to, being trafficked.

(c)The victims of human trafficking shall be eligible, without regard to their immigration status, for benefits available through Title 8 GCA, Chapter 161.

(d)Within fifteen

(15)days, weekends and Government of Guam holidays excepted, of the first encounter with a victim of human trafficking, law enforcement agents shall provide the victim with a completed Form 1-914 Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons COL 6/21/2023 CH. 26 HUMAN TRAFFICKING AND CRIMINAL EXPLOITATION (LEA Declaration) in accordance with 8 C.F.R. 10 52 14.1 l(Q(1). Where Guam law enforcement agencies find the grant of an LEA Declaration is inappropriate for a trafficking victim, the agency shall within fifteen

(15)days, weekends and Government of Guam holidays excepted, provide the victim with a letter explaining the grounds of the denial of the LEA Declaration. The victim may submit additional evidence to the law enforcement agency, which must reconsider the denial of the LEA Declaration within seven

(7)days of the receipt of additional evidence.

(e)Law enforcement officers and agencies, for purposes of enforcement of this Act, shall be those designated by the Attorney General and by Guam law.