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Bill > AB849


WI AB849

WI AB849
Defining “direct result” for purposes of the affirmative defense for victims of human trafficking.


summary

Introduced
01/16/2026
In Committee
01/16/2026
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

Under current law, a victim of human trafficking or child sex trafficking has an affirmative defense for an offense committed as a direct result of the trafficking violation. In State v. Kizer, 2022 WI 58, the court held that an offense is “committed as a direct result” of the trafficking violation if there is a logical, causal connection between the offense and the trafficking such that the offense is not the result, in significant part, of other events, circumstances, or considerations apart from the trafficking violation. This bill codifies the holding and adds further conditions. Under the bill, for the affirmative defense to apply to an offense, there must be a logical, causal connection between the offense and the trafficking violation such that the offense is not the result, in significant part, of other events, circumstances, or considerations apart from the violation; the offense must occur in immediate proximity to the violation; and the offense must be necessary to escape from or prevent the violation.

AI Summary

This bill clarifies the definition of "direct result" for an affirmative defense available to victims of human trafficking or child sex trafficking, meaning they can use this defense for offenses committed because of their trafficking situation. The bill codifies a previous court ruling that required a logical connection between the offense and the trafficking, ensuring the offense wasn't primarily caused by other factors, and adds two new conditions: the offense must happen immediately after the trafficking violation and must be necessary for the victim to escape or prevent further harm.

Committee Categories

Justice

Sponsors (5)

Last Action

Public hearing held (on 01/21/2026)

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