This section lets an actor raise an affirmative defense to prosecution if the conduct was caused by force, fraud, or coercion and the other listed conditions are met.
Sec. 8.09. VICTIM OF TRAFFICKING OR COMPELLING PROSTITUTION. (a) Except as provided by Subsection (b), it is an affirmative defense to prosecution that the actor: (1) was a victim of an offense under Section 20A.02 or 43.05; and (2) engaged in the conduct that is the subject of the prosecution as a direct result of being caused, through means of force, fraud, or coercion as described by Subsection (c), to engage in that specific conduct. (b) Subsection (a) applies only if: (1) the actor would not have engaged in the conduct that is the subject of the prosecution but for the use of force, fraud, or coercion; (2) the use of force, fraud, or coercion would have compelled a reasonable person in the actor's circumstances to engage in the conduct; (3) the actor was not merely afforded an opportunity to engage in the conduct without the use of force, fraud, or coercion; and (4) the conduct does not constitute an offense listed in Article 42A.054(a), Code of Criminal Procedure, unless the actor is charged only as a party to that offense under Section 7.01. (c) For purposes of this section, "force, fraud, or coercion" has the same meaning as in Section 20A.02. (d) Information relevant to the identification of a defendant's status as a victim of an offense described by Subsection (a)(1) may be offered to establish an affirmative defense under this section. (e) For purposes of this section, the actor is not required to prove that the person using force, fraud, or coercion to cause the actor to engage in the conduct that is the subject of the prosecution was charged with or convicted of an offense under Section 20A.02 or 43.05. Added by Acts 2025, 89th Leg., 2nd C.S., Ch. 14 (S.B. 11), Sec. 1, eff. December 4, 2025.