Sec. 6. Human trafficking defense
274 words·~1 min read·
/bill/119/hr/1379/ih/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 1 of title 18, United States Code, is amended by adding at the end the following: In this section, the term covered Federal offense means a level A offense or level B offense, as those terms are defined in section 3771A. In a prosecution for a covered Federal offense, a defendant who establishes by clear and convincing evidence that the defendant was a victim of trafficking at the time at which the defendant committed the offense shall create a rebuttable presumption that the offense was induced by duress. 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 human trafficking. . The table of sections for chapter 1 of title 18, United States Code, is amended by adding at the end the following: 28. Human trafficking defense. .