18 U.S.C. § 28
Section 28 · Human trafficking defense
Amended 1 time on record
Applied in 2 court decisions — leading case Coffin v. Reichard (1944)
Most recently applied in 585 F. App'x 552 - United States v. Ute Jarlik Bell (October 2014)
In this section—
the term “covered Federal offense” means a level A offense or level B offense, as those terms are defined in section 3771A; and
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).
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.
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.
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.
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.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Statutory Notes and Related Subsidiaries
Rule of Construction
Pub. 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.”