WeVote
Log In

Bill

Bill

HB 2772

Relating to an affirmative defense to prosecution for victims of certain offenses.

89th Legislature (2025) Introduced by Carrie Isaac and 2 co-sponsors

Texas bill creates affirmative criminal defense for trafficking/abuse victims coerced into committing crimes, shielding them from prosecution by recognizing exploitation as a mitigating factor.

Referred to Criminal Jurisprudence
#crimevictims(s0046) #criminalprocedure--defensecounsel(i0207) #criminalprocedure--general(i0208) #family--familyviolence(i0353) #humantrafficking(s0696) #prostitution(s0016)
0
WeVote Research Nonpartisan
Bill Summary · HB 2772

Legislative bill overview

HB 2772 would create an affirmative defense to prosecution for individuals who commit certain crimes while being victimized by trafficking, abuse, or coercion. This defense allows defendants to argue they should not be held criminally responsible because their actions were compelled by someone exploiting their vulnerable circumstances. The bill recognizes that trafficking victims and abuse survivors may be coerced into committing crimes by their abusers.

Why is this important

Trafficking victims and domestic abuse survivors sometimes commit crimes—such as theft, drug possession, or assault—under duress from their exploiters. Current law may prosecute these individuals as primary offenders rather than recognizing them as victims. This bill could prevent the criminalization of survival behaviors and redirect focus toward holding exploiters accountable, potentially reducing barriers to victims seeking help.

Potential points of contention

  • Defense scope definition: Determining which offenses qualify and how broadly "coercion" is interpreted could affect application across different cases and potentially create loopholes critics argue enable criminals to evade responsibility
  • Victim verification burden: Questions about how courts verify victim status, who determines credibility, and evidentiary standards—prosecutors may argue this creates prosecutorial challenges while advocates worry about re-traumatization during proceedings
  • Intersection with culpability: Debate over whether affirmative defenses adequately balance accountability for harmful actions with recognition of victimization, particularly in serious crimes

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

Sign in to ask a question.