Human trafficking defense

18 U.S.C. § 28

• Title: 18 — Crimes and Criminal Procedure
• Chapter: 1 — GENERAL PROVISIONS

Text

(a) Definitions.—In this section—
(1) the term "covered Federal offense" means a level A offense or level B offense, as those terms are defined in section 3771A; and
(2) 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).
(b) Duress.—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.
(c) Record or Proceeding Under Seal.—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.
(d) Post-Conviction Relief.—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.
(e) Federal Aid.—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.

History

(Added Pub. L. 119–73, §6(a), Jan. 23, 2026, 139 Stat. 2009.)

Editorial Notes

Statutory Notes and Related Subsidiaries

Rule of Construction
Pub. L. 119–73, §8, Jan. 23, 2026, 139 Stat. 2010, provided that: "Nothing in this Act [see Short Title of 2026 Amendment note set out under section 1 of this title], or the amendments made by this Act, may be construed to conflict with any of the crime victims' rights described in section 3771 of title 18, United States Code."

Editorial Notes

Amendments
2018—Pub. L. 115–254, div. B, title III, §§382(b), 384(b), Oct. 5, 2018, 132 Stat. 3320, 3323, added items 39B and 40A.
2012—Pub. L. 112–95, title III, §311(b), Feb. 14, 2012, 126 Stat. 66, transferred item 39 to appear after item 38 and added item 39A.
2008—Pub. L. 110–244, title III, §301(j), June 6, 2008, 122 Stat. 1616, redesignated item 39 "Commercial motor vehicles required to stop for inspections" as item 40.
2005—Pub. L. 109–59, title II, §2018(b), title IV, §4143(c)(1), Aug. 10, 2005, 119 Stat. 1543, 1748, added item 39 "Commercial motor vehicles required to stop for inspections" and item 39 "Traffic signal preemption transmitters".
2000—Pub. L. 106–181, title V, §506(c)(2)(A), Apr. 5, 2000, 114 Stat. 139, added item 38.
1994—Pub. L. 103–322, title VI, §§60008(c), 60021(b), Sept. 13, 1994, 108 Stat. 1972, 1980, added items 36 and 37.