18 U.S.C. § 28 — Human trafficking defense

(a) Definitions "Covered Federal offense" means a "level A offense" or "level B offense," as those terms are defined in section 3771A. "Victim of trafficking" has the meaning given in section 103 of the Trafficking Victims Protection Act of 2000. (b) Duress In a prosecution for a covered federal offense, a defendant may establish duress (proof of being forced to act) by showing they were a victim of trafficking when they committed the offense. (c) Record or Proceeding Under Seal In any proceeding where this defense is raised, any record or part of that proceeding related to the defense must, on motion (request), be placed under seal — kept private — until a conviction is entered for the offense. (d) Post-Conviction Relief If a person convicted of a covered federal offense failed to raise this defense, or raised it but failed, that alone cannot stop them from later arguing — at sentencing or in a request for post-conviction relief — that they were a trafficking victim and committed the offense under duress, as a mitigating factor (a reason for leniency). (e) Federal Aid That same failure to raise, or failed assertion of, this defense also cannot be used to disqualify the person from taking part in any federally funded program that helps trafficking victims.