S.B. No. 10 introduces an affirmative defense for individuals prosecuted for certain offenses related to trafficking of persons or compelling prostitution. The new Section 8.09 of the Penal Code stipulates that a defendant can claim this defense if they were a victim of trafficking or compelling prostitution and engaged in the conduct leading to prosecution as a direct result of being subjected to force, fraud, or coercion. The bill outlines specific conditions under which this defense is applicable, including that the defendant would not have engaged in the conduct without such coercion and that a reasonable person in similar circumstances would have acted similarly.

Additionally, the bill clarifies that the definition of "force, fraud, or coercion" aligns with existing law under Section 20A.02. It allows for the introduction of evidence to establish a defendant's status as a victim and specifies that the defendant is not required to prove that the person who used coercion was charged or convicted of related offenses. The changes in law will apply only to offenses committed after the effective date of the Act, which is set to take effect 91 days after the end of the legislative session.

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