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2021 SPECIAL SESSION I

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HB 2234 Victims of sex trafficking; affirmative defense to prosecution for certain offenses.

Introduced by: Emily M. Brewer | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Victims of sex trafficking; affirmative defense to prosecution for certain offenses. Provides an affirmative defense to prosecution for prostitution and keeping, residing in, or frequenting a bawdy place if, at the time of the offense leading to such charge, such person was a victim of sex trafficking, as defined in the bill, and (i) was coerced to engage in the offense through the use of force or intimidation or (ii) such offense was committed at the direction of another person other than the individual with whom the person engaged in the acts of prostitution or unlawful sexual intercourse for such money or its equivalent.

SUMMARY AS PASSED HOUSE:

Victims of sex trafficking; affirmative defense to prosecution for certain offenses. Provides an affirmative defense to prosecution for prostitution and keeping, residing in, or frequenting a bawdy place if, at the time of the offense leading to such charge, such person was a victim of sex trafficking, as defined in the bill, and (i) was coerced to engage in the offense through the use of force or intimidation of another, (ii) such offense was committed as part of a commercial sex trafficking scheme, or (iii) such offense was committed at the direction of an operator of a commercial sex trafficking scheme. The bill provides that a victim of sex trafficking may raise such affirmative defense regardless of whether any other person has been arrested for, prosecuted for, charged with, or convicted of an offense.

SUMMARY AS INTRODUCED:

Victims of human trafficking; affirmative defense to prosecution for certain offenses. Provides an affirmative defense to prosecution for prostitution and keeping, residing in, or frequenting a bawdy place if, at the time of the offense leading to such charge, such person was a victim of human trafficking, as defined in the bill, and (i) was coerced to engage in the offense through the use of force or intimidation of another, (ii) such offense was committed as part of a commercial sex trafficking scheme, or (iii) such offense was committed at the direction of an operator of a commercial sex trafficking scheme. The bill provides that a victim of human trafficking may raise such affirmative defense regardless of whether any other person has been arrested for, prosecuted for, charged with, or convicted of an offense.