HB2761

Effective September 1, 2025, HB2761 says two facts are not defenses in specified prosecutions involving a child or disabled individual: that the victim lacked the mental state required to commit prostitution, or that the victim did not complete the act of prostitution. The change concerns the accused exploiter’s prosecution, not a new offense imposed on the victim. Final law

The rule applies to three defined categories:

• Trafficking under Penal Code 20A.02(a)(7) or (8), when the accused is alleged to have caused a trafficked child or disabled individual to engage in or become the victim of prostitution. Those underlying provisions concern trafficking and specified participation in a trafficking venture or sexual conduct with a trafficked victim.
• Continuous trafficking based on that same specified conduct, with the corresponding prostitution allegation. HB2761 does not remove the existing requirement of two or more trafficking acts during a period lasting at least 30 days.
• Compelling prostitution of a child or disabled individual under Section 43.05(a)(2) or (3). The new subsection does not apply by its terms to every prosecution under the separate adult force/threat/coercion/fraud provision in (a)(1).

A child here is younger than 18. “Disabled individual” uses the specific statutory definition: a person older than 13 who, because of age or physical or mental disease, defect or injury, is substantially unable to protect themself from harm or provide their own food, shelter or medical care. It does not simply mean anyone with any diagnosed disability. Trafficking definitions; disability definition

The removed mental-state defense concerns the victim’s state of mind. HB2761 does not erase the prosecution’s obligation to prove the accused’s applicable offense elements. The referenced prostitution definition includes knowingly offering or agreeing to receive a fee for sexual conduct; “did not complete” should not be simplified into a claim that a completed sexual act was always required before this bill. The act also leaves the existing prostitution defense for a person whose conduct resulted from being trafficked or compelled intact. Prostitution provisions

HB2761 itself does not change punishment ranges. It changes available defenses within existing offenses; other 2025 laws separately address trafficking provisions and penalties. The new rule applies only to offenses on or after September 1, 2025. If any element occurred before that date, the act preserves the former law for that offense.