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 claim an affirmative defense if they engaged in the conduct charged 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 was threatened with imminent death or serious bodily injury to themselves or their family. However, this defense is not applicable if the coercion or threat would not compel a reasonable person to act in the same manner, or if the individual was merely given an opportunity to engage in the conduct.

The bill clarifies that any information relevant to establishing a defendant's status as a victim can be used to support the affirmative defense. Additionally, the changes made by this Act will only apply to offenses committed on or after its effective date of September 1, 2025, meaning that any offenses occurring before this date will be governed by the previous law.

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