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18 U.S.C. § 28 — Human trafficking defense
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7102&num=0&edition=prelim)).
**(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.
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Source location: Title 18, Chapter 1, § 28; chapter-001-general-provisions.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7102&num=0&edition=prelim)).
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Abuse or threatened abuse of law or legal process** — The term “abuse or threatened abuse of the legal process” means the use or threatened use of a law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law was not designed, in order to exert pressure on another person to cause that person to take some action or refrain from taking some action.
(2) **Appropriate congressional committees** — The term “appropriate congressional committees” means the Committee on Foreign Relations and the Committee on the Judiciary of the Senate and the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives.
(3) **Coercion** — The term “coercion” means—
(A) threats of serious harm to or physical restraint against any person;
(B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
(C) the abuse or threatened abuse of the legal process.
(4) **Commercial sex act** — The term “commercial sex act” means any sex act on account of which anything of value is given to or received by any person.
(5) **Concrete actions** — The term “concrete actions” means actions that demonstrate increased efforts by the government of a country to meet the minimum standards for the elimination of trafficking, including any of the following:
(A) Enforcement actions taken.
(B) Investigations actively underway.
(C) Prosecutions conducted.
(D) Convictions attained.
(E) Training provided.
(F) Programs and partnerships actively underway.
(G) Efforts to prevent severe forms of trafficking, including programs to reduce the vulnerability of particul
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7102
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts June 25, 1948, ch. 645, 62 Stat. 684; Oct. 30, 1984, Pub. L. 98–596, § 8, 98 Stat. 3138, classified offenses as a felony, misdemeanor, or petty offense.
#### Effective Date of Repeal
Repeal of section effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such repeal, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under [section 3551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3551&num=0&edition=prelim).
#### Short Title of 2026 Amendment
Pub. L. 119–73, § 1, Jan. 23, 2026, 139 Stat. 2003, provided that: “This Act [enacting sections 28 and 3771A of this title, amending [section 7102 of Title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7102&num=0&edition=prelim), Foreign Relations and Intercourse, and enacting provisions set out as notes under [section 28 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section28&num=0&edition=prelim) and [section 10110 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10110&num=0&edition=prelim), Crime Control and Law Enforcement] may be cited as the ‘Trafficking Survivors Relief Act’.”
#### Short Title of 2024 Amendment
Pub. L. 118–78, § 1, July 30, 2024, 138 Stat. 1512, provided that: “This Act [enacting [section 1352 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1352&num=0&edition=prelim) and amending [section 201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section201&num=0&edition=prelim)] may be cited as the ‘Foreign Extortion Prevention Technical Corrections Act’.”
Pub. L. 118–77, § 1, July
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Rights of Crime Victims.—** A crime victim has the following rights:
(1) The right to be reasonably protected from the accused.
(2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused.
(3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.
(4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.
(5) The reasonable right to confer with the attorney for the Government in the case.
(6) The right to full and timely restitution as provided in law.
(7) The right to proceedings free from unreasonable delay.
(8) The right to be treated with fairness and with respect for the victim’s dignity and privacy.
(9) The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement.
(10) The right to be informed of the rights under this section and the services described in section 503(c) of the Victims’ Rights and Restitution Act of 1990 ([42 U.S.C. 10607(c)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section10607/c&num=0&edition=prelim)) 11 See References in Text note below. and provided contact information for the Office of the Victims’ Rights Ombudsman of the Department of Justice.
**(b) Rights Afforded.—**
(1) **In general.—** — In any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a). Before
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3771
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section—
(1) the term “child” means an individual who has not attained 18 years of age;
(2) the term “covered prisoner” means an individual who—
(A) was convicted of a level A offense or level B offense;
(B) was sentenced to a term of imprisonment for the offense described in subparagraph (A); and
(C) is, or was previously, imprisoned or incarcerated under such sentence for a term of imprisonment;
(3) the terms “employee” and “officer” have the meanings given the terms in [section 2105 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim);
(4) the term “Federal offense” means an offense that is punishable under Federal law;
(5) the term “level A offense” means a Federal offense that is not a violent crime;
(6) the term “level B offense”—
(A) means a Federal offense that is a violent crime; and
(B) does not include a Federal offense that is a violent crime of which a child was a victim;
(7) the term “victim of trafficking” has the meaning given that term in section 103 of the Trafficking Victims Protection Act of 2000 ([22 U.S.C. 7102](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7102&num=0&edition=prelim)); and
(8) the term “violent crime” has the meaning given the term “crime of violence” in [section 16(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section16/a&num=0&edition=prelim).
**(b) Motions To Vacate Convictions or Expunge Arrests.—**
(1) **In general.—**
(A) *Convictions of level a offenses.—* — A person convicted of any level A offense (or an attorney representing such a person) may move the court that imposed the sentence for the level A offense to vacate the judgment of co
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3771A
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Federal law — U.S. Code and appendices · legal_authorities
The owners or consignees of every armed vessel sailing out of the ports of, or under the jurisdiction of, the United States, belonging wholly or in part to citizens thereof, shall, before clearing out the same, give bond to the United States, with sufficient sureties, in double the amount of the value of the vessel and cargo on board, including her armament, conditioned that the vessel shall not be employed by such owners to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 463
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Federal law — U.S. Code and appendices · legal_authorities
Page 1891
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 7102
‘‘(2) Since the enactment of the Trafficking Victims
Protection Act of 2000 (division A of Public Law
106–386) [see Short Title note above], the United
States Government has made significant progress in
investigating and prosecuting acts of trafficking and
in responding to the needs of victims of trafficking in
the United States and abroad.
‘‘(3) On the other hand, victims of trafficking have
faced unintended obstacles in the process of securing
needed assistance, including admission to the United
States under section 101(a)(15)(T)(i) of the Immigra-
tion and Nationality Act [8 U.S.C. 1101(a)(15)(T)(i)].
‘‘(4) Additional research is needed to fully under-
stand the phenomenon of trafficking in persons and
to determine the most effective strategies for com-
bating trafficking in persons.
‘‘(5) Corruption among foreign law enforcement au-
thorities continues to undermine the efforts by gov-
ernments to investigate, prosecute, and convict traf-
fickers.
‘‘(6) International Law Enforcement Academies
should be more fully utilized in the effort to train law
enforcement authorities, prosecutors, and members
of the judiciary to address trafficking in persons-re-
lated crimes.’’
§ 7102. Definitions
In this chapter:
(1) Abuse or threatened abuse of law or legal
process
The term ‘‘abuse or threatened abuse of the
legal process’’ means the use or threatened use
of a law or legal process, whether administra-
tive, civil, or criminal, in any manner or for
any purpose for which the law was not de-
signed, in order to exert pressure on another
person to cause that person to take some ac-
tion or refrain from taking some action.
(2) Appropriate congressional committees
The term ‘‘appropriate congressi
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 7102
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 7102. This identifies an authority to review, not proof of applicability.