SB 10 closes a gap in Texas criminal law by giving certain victims of human trafficking or compelling prostitution an affirmative defense when they can show their criminal conduct was directly caused by force, fraud, or coercion. Current duress laws require an imminent threat of death or serious bodily injury, which excludes the prolonged, non-physical control and manipulation traffickers often use. This bill modernizes the defense to reflect those realities while preserving accountability. Serious “3g” violent offenses remain excluded unless the person is charged only as a party to the crime.
The legislation is narrowly tailored, limited in application, and comes with safeguards to prevent misuse. It does not grow the size or scope of government, create new programs, or impose new taxes or fees. It also places no additional regulatory burden on individuals or businesses. The only operational impact is within the existing judicial process, where defendants may present evidence to support the defense. The Legislative Budget Board notes the fiscal effect is indeterminate but could reduce incarceration or supervision costs for qualifying cases.
Given its targeted nature, strong protections against abuse, alignment with due process principles, and the fact that it neither expands government authority nor burdens taxpayers, SB 10 represents a balanced reform that protects vulnerable trafficking survivors without weakening public safety. For these reasons, Texas Policy Research recommends that lawmakers vote YES on SB 10.
- Individual Liberty: The bill strengthens individual liberty by ensuring that victims of trafficking or compelling prostitution are not unjustly punished for conduct they were coerced into committing. It recognizes that true criminal liability requires voluntary action and protects the right to present a meaningful defense when that voluntariness is absent. This aligns with due process protections and prevents further victimization by the state.
- Personal Responsibility: The bill maintains the principle of personal responsibility by requiring defendants to prove a direct causal link between the force, fraud, or coercion and the criminal act, and by limiting the defense to situations where a reasonable person in similar circumstances would have been compelled to act. It does not excuse opportunistic behavior, as it excludes cases where the actor was merely allowed to commit the crime without coercion.
- Free Enterprise: The bill does not regulate or impact lawful business activity, though indirectly it could help deter trafficking-related enterprises by removing a legal barrier that has historically prevented victims from cooperating with law enforcement.
- Private Property Rights: The bill does not affect property ownership or use but supports the broader rule of law that underpins secure property rights by targeting coercive criminal enterprises.
- Limited Government: The bill supports limited government by narrowing the scope of criminal liability and ensuring the state does not overreach in prosecuting individuals who acted under coercion. It does not expand government authority, add regulatory requirements, or impose new costs on taxpayers.
