Federal · Title 18 — Crimes and Criminal Procedure

18 U.S.C. § 28: Human trafficking defense

Civil

What this law says, in plain English

This statute defines a legal defense to certain federal crimes: a defendant may claim duress if they were a trafficking victim when committing the offense. It also protects trafficking victims from adverse consequences if they don't raise this defense.

Read the full statutory text
the term “covered Federal offense” means a level A offense or level B offense, as those terms are defined in section 3771A; and the term “victim of trafficking” has the meaning given the term in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 ). In a prosecution for a covered Federal offense, a defendant may establish duress by demonstrating that the defendant was a victim of trafficking at the time at which the defendant committed the offense. In any proceeding in which a defense under subsection (b) is raised, any record or part of the proceeding related to the defense shall, on motion, be placed under seal until such time as a conviction is entered for the offense. A failure to assert, or failed assertion of, a defense under subsection (b) by an individual who is convicted of a covered Federal offense may not preclude the individual from asserting as a mitigating factor, at sentencing or in a proceeding for any post-conviction relief, that at the time of the commission of the offense, the defendant was a victim of trafficking and committed the offense under duress. A failure to assert, or failed assertion of, a defense under subsection (b) by an individual who is convicted of a covered Federal offense may not be used for the purpose of disqualifying the individual from participating in any federally funded program that aids victims of trafficking.

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.