§28 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Allows a person charged with certain federal crimes to say they committed the crime because they were forced while being a trafficking victim. Covered Federal offense means a level A or level B federal crime. Victim of trafficking means the term in the Trafficking Victims Protection Act of 2000 (section 103). If this defense is used, records about it can be kept private until a conviction. Not raising the defense earlier does not stop a convicted person from saying they were trafficked to seek a lighter sentence or other post-conviction relief. Not raising it also cannot be used to bar them from federally funded trafficking-victim help.

Title 18, §28

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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)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)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)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)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.

Notes & Related Subsidiaries

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.”

§28 Human trafficking defense