§ 28. Human trafficking defense

• (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.