The bill amends the Texas Penal Code by adding Section 8.09, which establishes an affirmative defense for individuals who are victims of trafficking or compelling prostitution. Under this new provision, a defendant can argue that they engaged in the conduct leading to prosecution as a direct result of being subjected to force, fraud, or coercion. The affirmative defense applies only if specific conditions are met, 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 conduct in question must not fall under certain specified offenses unless the defendant is charged only as a party to that offense.

The bill also clarifies that information relevant to identifying a defendant's status as a victim can be used to support the affirmative defense. Importantly, 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 on or after the effective date of the Act, with prior offenses 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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