House Bill No. 236 introduces an affirmative defense for individuals who are victims of trafficking 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 specific offenses 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 legal definitions and allows for relevant information to be presented to establish a defendant's victim status. Importantly, the bill states that the defendant does not need to prove that the person who coerced them was charged or convicted of related offenses. The changes in law will only apply to offenses committed after the bill's 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 end of the legislative session.

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