Senate Bill 830 aims to amend the existing law regarding the affirmative defense available to victims of human trafficking and child sex trafficking. The bill codifies the court's ruling from State v. Kizer, which established that for an offense to be considered a direct result of trafficking, there must be a logical, causal connection between the offense and the trafficking violation. Additionally, the bill introduces further conditions: the offense must occur in immediate proximity to the trafficking violation and must be necessary for the victim to escape from or prevent the violation.

The specific legal language amended in the bill clarifies that a victim has an affirmative defense for any offense committed as a direct result of violations related to human trafficking, regardless of whether anyone has been prosecuted for those violations. The new provisions ensure that the criteria for establishing this affirmative defense are clearly defined, thereby providing better legal protection for victims of trafficking in Wisconsin. The bill will first apply to affirmative defenses raised on its effective date.

Statutes affected:
Bill Text: 939.46(1m), 939.46