Bill > HB10

This bill adds a new section (Section 8.09) to the Texas Penal Code that creates an affirmative defense for victims of human trafficking or compelling prostitution who are prosecuted for criminal conduct directly resulting from their victimization. The affirmative defense applies if the defendant can prove they were a victim of trafficking (under Section 20A.02) or compelling prostitution (under Section 43.05), and that they engaged in the criminal conduct solely because they were compelled through force, fraud, or coercion. To successfully use this defense, the defendant must demonstrate that: they would not have committed the act without the coercion, a reasonable person in their situation would have been compelled to act similarly, they were not merely given an opportunity to commit the act, and the conduct does not involve certain serious offenses (with some exceptions). The bill clarifies that the defendant is not required to prove that their trafficker was charged or convicted, and that relevant information about their victim status can be used to establish the defense. The new law will apply only to offenses committed on or after its effective date, which is 91 days after the end of the legislative session, providing important legal protection for victims of human trafficking who are forced into criminal activities.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=892&Bill=HB10