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Bill

A 5294

Establishes affirmative defense to prosecution for any crime committed by victim of human trafficking under certain circumstances.

2024-2025 Regular Session Introduced by Vicky Flynn and 2 co-sponsors

New Jersey bill establishes affirmative defense allowing trafficking victims to avoid prosecution for crimes committed under trafficking coercion or control.

Introduced in the Assembly, Referred to Assembly Judiciary Committee
#crimes #judiciary
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Bill Summary · A 5294

Legislative bill overview

Bill A 5294 creates a legal defense that allows individuals prosecuted for crimes to argue they committed those crimes as a direct result of being a human trafficking victim. The defense would apply across all crime categories, provided certain circumstances are met, and shifts the burden of proof to establish the nexus between trafficking victimization and the criminal act.

Why is this important

Human trafficking victims often commit crimes under coercion, duress, or psychological control by traffickers, yet they are frequently prosecuted rather than treated as victims. This bill addresses a significant gap in victim protections by recognizing that trafficking survivors may have limited agency in their actions. It aligns New Jersey with growing national recognition that victimization context matters in criminal justice outcomes.

Potential points of contention

  • Scope concerns: Applying the defense to "any crime" without limitation could theoretically cover serious offenses, raising questions about whether the defense should be restricted to certain crime categories or circumstances
  • Evidentiary burden: Determining what constitutes sufficient proof of trafficking causation and how courts will evaluate the "certain circumstances" requirement may create litigation complexity and inconsistent applications
  • Prosecutorial impact: Law enforcement and prosecutors may argue the broad defense undermines their ability to secure convictions and could complicate cases involving trafficking victims accused of crimes against co-victims or third parties

Compiled from official sources — confirm details with the bill’s official record.

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