House Bill No. 252 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 assert this defense if they were a victim of specific offenses under Sections 20A.02 or 43.05 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 under Section 20A.02. It allows for the introduction of evidence relevant to establishing a defendant's status as a victim and 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, which is set to take effect 91 days after the legislative session concludes.

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