---
type: "LegalText"
title: "18 U.S.C. § 28"
description: "Human trafficking defense"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 18
title_name: "CRIMES AND CRIMINAL PROCEDURE"
chapter_number: "1"
chapter_name: "GENERAL PROVISIONS"
section: "28"
citation: "18 U.S.C. § 28"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc18@119-100.zip"
source_identifier: "/us/usc/t18/s28"
source_file: "data/legal/raw/us/code/title-18/usc18.xml"
source_hash: "cd1bad8bec3c7acd8b4b561f1445d63a1046710ca1098477ec008bb5b41f5fac"
raw_snapshot_hash: "1a1bbbbdb59e376ada4eb7ad1056fd68d396679ee7ab59f0561af15006122708"
text_hash: "03419f6d2e9e31d0a0b412bc3277e8355f816b94e2badfaef8687192bdcde816"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---

# 18 U.S.C. § 28 - Human trafficking defense

## Text

(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).

(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.

(Added Pub. L. 119–73, § 6(a), Jan. 23, 2026, 139 Stat. 2009.)

## Notes

Statutory Notes and Related Subsidiaries

Rule of ConstructionPub. 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.”