§ 28. Human trafficking defense

339 words·~2 min read·/usc/title-18/section-28

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(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.

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

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