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HB 372

Relating to the affirmative defense to prosecution for a criminal offense for persons acting under duress.

89th Legislature (2025) Introduced by Senfronia Thompson

HB 372 clarifies or expands Texas's affirmative criminal defense for actions taken under duress, affecting when defendants can argue coercion as justification for crimes.

Referred to Criminal Jurisprudence
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Bill Summary · HB 372

Legislative bill overview

HB 372 modifies Texas criminal law to clarify or expand the affirmative defense of duress—a legal argument that a defendant committed a crime because they were threatened with imminent harm. The bill relates to how defendants can argue they acted under coercion or threat, potentially broadening circumstances under which this defense applies.

Why is this important

The duress defense is fundamental to criminal justice fairness, as it recognizes situations where individuals may commit crimes to avoid serious bodily harm to themselves or others. How broadly or narrowly duress is defined directly affects criminal liability and sentencing outcomes, particularly in cases involving threats, organized crime, or domestic violence scenarios.

Potential points of contention

  • Scope of threats covered: Whether the defense extends to threats beyond immediate physical harm (financial ruin, deportation, loss of custody, etc.)
  • Imminence requirement: How strictly "imminent" threat must be defined—seconds away versus hours or days
  • Culpability concerns: Balancing compassion for coerced individuals against public safety and concerns that broad duress defenses could shield criminals who had opportunities to escape or report threats
  • Victim advocacy: Whether expanding duress protections might complicate prosecutions in domestic violence or trafficking cases where victims are coerced into committing crimes

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

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