5), regardless of whether the person who committed the human trafficking offense was charged, tried, or convicted. The term includes a person who is now an adult.(b) Upon the written motion of a trafficked child, or any person acting on behalf of a trafficked child, the court that adjudicated the trafficked child a delinquent child shall vacate the adjudication issued with respect to the trafficked child, if the movant proves by a preponderance of the evidence that:(1) the child was a trafficked child at the time the child performed the delinquent act that resulted in the adjudication;(2) the delinquent act did not result in bodily injury to another person; and(3) at the time the child committed the delinquent act, the child was:(A) coerced by; or(B) under the control of;another person.(c) Before vacating an adjudication under subsection (b), the court shall:(1) forward a copy of the motion to the prosecuting attorney; and(2) conduct a hearing at which the prosecuting attorney and the movant are entitled to be heard.As added by P.L.86-2017, SEC.6. shall:(1) forward a copy of the motion to the prosecuting attorney; and(2) conduct a hearing at which the prosecuting attorney and the movant are entitled to be heard.As added by P.L.86-2017, SEC.6. Amended by P.L.142-2020, SEC.48.
Indiana Legal Code