The bill amends the Texas Penal Code by adding a new section, 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 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 relevant to a defendant's status as a victim to support the affirmative defense, and it 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, with prior offenses governed by the law in effect at the time of the offense. The Act is set to take effect 91 days after the conclusion of the legislative session.

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