H.B. No. 2761 amends the Texas Penal Code to strengthen the prosecution of offenses related to the trafficking of persons, continuous trafficking of persons, and compelling prostitution. The bill introduces new legal language in Sections 20A.02 and 20A.03, specifying that in prosecutions for offenses involving trafficked children or disabled individuals, it is not a defense that the victim lacked the culpable mental state to engage in prostitution or did not complete the act of prostitution. This provision aims to ensure that the focus remains on the actions of the trafficker rather than the circumstances of the victim.

Additionally, Section 43.05 is amended to include similar language, reinforcing that the lack of culpable mental state or incomplete acts of prostitution cannot be used as defenses in prosecutions involving children or disabled individuals. The changes in law will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses committed prior to this date will be governed by the law in effect at that time.

Statutes affected:
Introduced: ()
House Committee Report: ()
Engrossed: Penal Code 43.05 (Penal Code 43)
Senate Committee Report: Penal Code 43.05 (Penal Code 43)
Enrolled: Penal Code 43.05 (Penal Code 43)