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HB 10

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

89th Legislature, 1st Called Session (2025) Introduced by Senfronia Thompson

Texas bill would allow trafficking or coerced prostitution victims to use victimization as legal defense against criminal prosecution for offenses committed under exploitation.

Filed
#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 10

Legislative bill overview

HB 10 would create an affirmative defense in Texas law for individuals prosecuted for certain crimes if they can demonstrate they committed those offenses while being trafficked or coerced into prostitution. This means defendants could argue in court that their criminal conduct resulted from their victimization, potentially leading to acquittal or dismissal rather than conviction.

Why is this important

Trafficking and sexual exploitation victims often commit crimes under duress or control—such as theft, drug possession, or prostitution-related offenses—while being exploited by traffickers. Current law typically prosecutes these individuals as criminals rather than recognizing them as victims. An affirmative defense could prevent secondary victimization through the criminal justice system and align Texas law with growing national recognition that trafficked persons shouldn't bear full criminal liability for coerced actions.

Potential points of contention

  • Scope definition: Determining which crimes qualify and how to define "trafficking" or "compelling" narrowly enough to prevent broad misuse of the defense while broadly enough to protect genuine victims
  • Evidentiary burden: Questions about what evidence victims must provide to establish the affirmative defense and whether requiring detailed testimony re-traumatizes survivors
  • Prosecutorial concerns: Law enforcement and prosecutors may worry the defense could shield individuals involved in criminal enterprises from accountability or complicate cases where coercion claims are difficult to verify

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

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