Tex. Penal Code § 8.09 · Chapter 8. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY
VICTIM OF TRAFFICKING OR COMPELLING PROSTITUTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Subsection (b), it is an affirmative defense to prosecution that the actor:
(1) was a victim of an offense under Section 20A.02 or 43.05; and
(2) engaged in the conduct that is the subject of the prosecution as a direct result of being caused, through means of force, fraud, or coercion as described by Subsection (c), to engage in that specific conduct.
(b) Subsection (a) applies only if:
(1) the actor would not have engaged in the conduct that is the subject of the prosecution but for the use of force, fraud, or coercion;
(2) the use of force, fraud, or coercion would have compelled a reasonable person in the actor's circumstances to engage in the conduct;
(3) the actor was not merely afforded an opportunity to engage in the conduct without the use of force, fraud, or coercion; and
(4) the conduct does not constitute an offense listed in Article 42A.054(a), Code of Criminal Procedure, unless the actor is charged only as a party to that offense under Section 7.01.
(c) For purposes of this section, "force, fraud, or coercion" has the same meaning as in Section 20A.02.
(d) Information relevant to the identification of a defendant's status as a victim of an offense described by Subsection (a)(1) may be offered to establish an affirmative defense under this section.
(e) For purposes of this section, the actor is not required to prove that the person using force, fraud, or coercion to cause the actor to engage in the conduct that is the subject of the prosecution was charged with or convicted of an offense under Section 20A.02 or 43.05.
Notes and commentary — not statutory text
History
Added by Acts 2025, 89th Leg., 2nd C.S., Ch. 14 (S.B. 11), Sec. 1, eff. December 4, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PE/htm/PE.8.htm
- Text hash
- sha256 3d6a993d41eeb86eca373d7014be1c4f5268f994b74b20989dc44567e1df0ca2
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Criminal Procedure
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.