S.B. No. 1278 introduces a new affirmative defense for individuals who are victims of trafficking or compelling prostitution. The bill adds Section 8.09 to the Penal Code, which states that a person can defend themselves against prosecution if they engaged in the charged conduct due to coercion, duress, or threats from the perpetrator of the trafficking or prostitution offense. Specifically, the defense applies if the victim was coerced, acted under duress, or faced threats of imminent death or serious bodily injury to themselves or their family. However, this defense is not applicable if a reasonable person would not have been compelled to engage in the conduct or if the individual was merely given an opportunity to do so.

The bill also allows for the introduction of information relevant to establishing a defendant's status as a victim to support the affirmative defense. It clarifies that the changes in law will only apply 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.

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