Sec. 6. HUMAN TRAFFICKING DEFENSE
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## SEC. 6 HUMAN TRAFFICKING DEFENSE ###
(a)In General Chapter 1 of title 18, United States Code, is amended by adding at the end the following: > > ## “SEC. 28 Human trafficking defense > > **[**[18 U.S.C. 28](/us/usc/t18/s28)**]** > > > ### “(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.” > . ###
(b)Technical and Conforming Amendment 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.” ".
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