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HB 252

Relating to an affirmative defense to prosecution for certain victims of trafficking of persons or compelling prostitution.

89th Legislature, 2nd Called Session (2025) Introduced by Daniel Alders and 30 co-sponsors

HB 252 allows trafficking or coerced prostitution victims to use their exploitation as a legal defense against criminal prosecution for crimes committed during trafficking.

Filed
#crimevictims(s0046) #crimes--againstmorals(i0180) #crimes--againstpersons--general(i0170) #crimes--againstpersons--sexual(i0171) #criminalprocedure--defensecounsel(i0207) #criminalprocedure--general(i0208) #humantrafficking(s0696) #prostitution(s0016)
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Bill Summary · HB 252

Legislative bill overview

HB 252 establishes an affirmative defense to criminal prosecution for individuals who commit certain crimes while being trafficked or coerced into prostitution. This means victims of human trafficking or sexual exploitation could argue in court that their criminal conduct was a direct result of being trafficked, potentially reducing or eliminating criminal liability for their actions during that period.

Why is this important

Human trafficking victims often commit crimes—including drug offenses, theft, or prostitution-related charges—under coercion or while controlled by traffickers. Without this defense, victims face criminal records that compound their trauma and limit reintegration. This bill recognizes the unique circumstances of trafficking victims and aligns with national trends toward treating them as crime victims rather than criminals.

Potential points of contention

  • Scope and burden of proof: The bill's specific language on which crimes qualify and how victims must prove trafficking claims could create litigation challenges and inconsistent application across courts.
  • Law enforcement concerns: Some prosecutors may worry the defense could be misused or make cases harder to prosecute, potentially requiring clearer evidentiary standards.
  • Definition precision: The bill's definitions of "trafficking" and "compelling prostitution" will be critical—overly broad definitions could create unintended defenses, while overly narrow ones could exclude genuine victims.

Compiled from official sources — confirm details with the bill’s official record.

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