Guam § 26 - Victim Immunity from Prosecution.

§ 26. 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

(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.