This bill introduces an affirmative defense for individuals who are victims of trafficking or compelling prostitution, allowing them to defend against prosecution for certain offenses. Specifically, it adds Section 8.09 to the Penal Code, which 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 coerced through force, fraud, or coercion. The bill outlines specific conditions under which this defense applies, 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 and allows for relevant information to be presented to establish a defendant's status as a victim. It also states that the defendant does not need to prove that the person who used coercion was charged or convicted of related offenses. The changes made by this Act will only apply to offenses committed on or after its effective date, ensuring that prior offenses are governed by the law in effect at the time they were committed. The Act is set to take effect 91 days after the conclusion of the legislative session.

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