TexasRelating to an affirmative defense to prosecution for certain victims of trafficking of persons or compelling prostitution.
What it does
Creates an affirmative defense when a defendant was a victim of trafficking (Section 20A.02) or compelling prostitution (Section 43.05) and engaged in the charged conduct as a direct result of force, fraud, or coercion.
Sets conditions for the defense: the conduct would not have occurred but for force/fraud/coercion, a reasonable person in the same circumstances would have been compelled, and the defendant was not merely given an opportunity to commit the conduct without coercion.
Limits the defense for certain offenses listed in Article 42A.054(a) of the Code of Criminal Procedure, unless the defendant is charged only as a party to that offense.
Permits offering information in court that is relevant to identifying the defendant’s status as a victim to support the affirmative defense.
Clarifies the defendant does not have to prove the person who coerced them was charged or convicted of trafficking or compelling prostitution.
Argument forProtects victims by recognizing that people forced into prostitution or trafficking should not be punished for acts they committed under coercion, aligning criminal law with survivor-centered approaches.
Argument againstThere is a risk some defendants may falsely claim trafficking victim status to avoid prosecution, which could complicate enforcement and require courts to sort credible from non-credible claims.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Aug 19FiledIntroduced
Criminal Justice ReformVictims' RightsCourts & Legal SystemPublic SafetyCivil RightsDefense SpendingTraffic & SafetyState & Local Government