S.B. No. 11 introduces a new affirmative defense for individuals prosecuted for certain offenses related to trafficking of persons or compelling prostitution. The bill adds Section 8.09 to the Penal Code, which stipulates that a defendant can claim an affirmative 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 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 under Section 20A.02. It allows for the introduction of evidence relevant to the defendant's status as a victim to support the affirmative defense. Importantly, the bill 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 on or after the effective date of the Act, ensuring that prior offenses are governed by the law in effect at the time they were committed.

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