Assembly Bill 849 seeks 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. The bill further specifies that the offense must occur in immediate proximity to the violation and must be necessary for the victim to escape from or prevent the violation.

The proposed changes to the legal language in section 939.46 (1m) include the insertion of criteria that clarify the conditions under which the affirmative defense applies. Specifically, it emphasizes the need for a logical connection, immediate proximity, and necessity for escape or prevention in relation to the trafficking violation. This amendment aims to provide clearer guidelines for courts when evaluating affirmative defenses raised by victims of trafficking.

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