{"identifier":"/us/usc/t18/s28","title":18,"num":"\u00a7\u202f28.","heading":"Human trafficking defense","text":"\u00a7\u202f28.\nHuman trafficking defense\n(a)\nDefinitions.\u2014\nIn this section\u2014\n(1) the term \u201ccovered Federal offense\u201d means a level A offense or level B offense, as those terms are defined in section 3771A; and\n(2) the term \u201cvictim of trafficking\u201d has the meaning given the term in section 103 of the Trafficking Victims Protection Act of 2000 (\n22 U.S.C. 7102\n(b)\nDuress.\u2014\nIn 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.\n(c)\nRecord or Proceeding Under Seal.\u2014\nIn 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.\n(d)\nPost-Conviction Relief.\u2014\nA 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.\n(e)\nFederal Aid.\u2014\nA 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.","url":"https://projectusc.org/usc/t18/s28.html","content":[{"t":"sec","id":"/us/usc/t18/s28","children":[{"t":"num","text":"\u00a7\u202f28."},{"t":"heading","text":"Human trafficking defense"},{"t":"subsec","id":"/us/usc/t18/s28/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definitions.\u2014"},{"t":"chapeau","text":"In this section\u2014"},{"t":"para","id":"/us/usc/t18/s28/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the term \u201ccovered Federal offense\u201d means a level A offense or level B offense, as those terms are defined in section 3771A; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t18/s28/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the term \u201cvictim of trafficking\u201d has the meaning given the term in section 103 of the Trafficking Victims Protection Act of 2000 (","children":[{"t":"ref","text":"22 U.S.C. 7102","href":"/us/usc/t22/s7102","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t18/s28/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Duress.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t18/s28/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Record or Proceeding Under Seal.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t18/s28/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Post-Conviction Relief.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t18/s28/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Federal Aid.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}