AB 849

Under current law, a victim of human trafficking or child sex trafficking has an affirmative defense for an offense committed as a direct result of the trafficking violation. In

State v. Kizer

, 2022 WI 58, the court held that an offense is “committed as a direct result” of the trafficking violation if there is a logical, causal connection between the offense and the trafficking such that the offense is not the result, in significant part, of other events, circumstances, or considerations apart from the trafficking violation. This bill codifies the holding and adds further conditions. Under the bill, for the affirmative defense to apply to an offense, there must be a logical, causal connection between the offense and the trafficking violation such that the offense is not the result, in significant part, of other events, circumstances, or considerations apart from the violation; the offense must occur in immediate proximity to the violation; and the offense must be necessary to escape from or prevent the violation.