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SB 1278

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

89th Legislature (2025) Introduced by César Blanco and 3 co-sponsors

Vetoed bill would have allowed trafficking victims to use coercion as legal defense against prosecution for crimes committed under trafficker control.

Vetoed by the Governor
#crimevictims(s0046) #criminalprocedure--defensecounsel(i0207) #criminalprocedure--general(i0208) #family--familyviolence(i0353) #humantrafficking(s0696) #prostitution(s0016)
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Bill Summary · SB 1278

Legislative bill overview

SB 1278 would have established an affirmative defense to criminal prosecution for individuals who committed certain crimes—such as theft, drug possession, or prostitution-related offenses—while being trafficked or coerced into prostitution. The bill recognizes that trafficking victims may be forced to commit crimes as part of their exploitation and allows courts to consider this coercion as a legal defense rather than punishing the victim for survival-driven actions.

Why is this important

Human trafficking and sexual exploitation involve systematic coercion that often forces victims into illegal activities. Without an affirmative defense, trafficking victims face criminal records that compound their trauma, hinder reintegration, and create barriers to employment and housing. This bill would have shifted legal accountability toward traffickers and exploiters rather than victims, aligning Texas law with victim-centered justice approaches adopted in other states.

Potential points of contention

  • Scope concerns: Critics may argue the affirmative defense is too broad, potentially allowing criminals to claim duress when not genuinely trafficked, or that it removes accountability from victims' choices
  • Implementation challenges: Law enforcement and prosecutors would need training to distinguish genuine trafficking cases from false claims, raising concerns about case-by-case determination burdens
  • Victim identification burden: The bill places responsibility on defendants to prove they were trafficked, which may be difficult for victims lacking documentation or witnesses, potentially creating additional barriers to using the defense

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

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