Help Obtaining Presumption of Exoneration for Victims of Human Trafficking Act

“28. Human trafficking defense

“(a) Presumption—Any defendant who establishes by a preponderance of the evidence that the defendant was a victim of trafficking at the time at which the defendant committed an offense under subsection (b) shall create a rebuttable presumption that the offense was induced by coercion.

“(b) Offenses—An offense described in this subsection is—

“(1) an offense under section 1384 (relating to prostitution near military and naval establishments);

“(2) an offense under section 1581, 1582, 1583, 1584, 1585, 1586, 1587, 1588, 1590, 1591(a), 1591(b), 1592, 1593A, 1594(a), or 1594(b);

“(3) an offense under section 2421(a), 2421a(a), 2421a(b), 2422, 2424(a), or 2425;

“(4) an offense under section 401, 404, or 406 of the Controlled Substances Act (21 U.S.C. 841, 844, or 846); or

“(5) any offense that is not a crime of violence (as such term is defined in subsection (a) of section 16).

“(c) Sealing—In any proceeding in which a defense under this section is raised, any record or part of the proceeding related to such defense shall, on motion, be placed under seal until such time as a conviction is entered for the offense.

“(d) Post-Conviction relief—An individual’s failure to assert or failed assertion of a defense under this section may not preclude the individual from asserting as a mitigating factor in a proceeding for any post-conviction relief, that at the time of the commission of the acts constituting the offense, the defendant was a victim of trafficking and committed the acts under duress, force, or coercion.

“(e) Aid to victims—An individual’s failure to assert or failed assertion of a defense under this section may not be used for the purpose of disqualifying the individual from participating in any federally funded program that aids victims of human trafficking.

“(f) Definitions—In this section, the terms “coercion” and “victim of trafficking” have the meanings given such terms in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).”