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Bill

Bill

S 3782

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

2024-2025 Regular Session Introduced by Holly Schepisi and 1 co-sponsor

New Jersey bill grants human trafficking victims an affirmative defense to criminal prosecution for crimes committed under trafficker control.

Introduced in the Senate, Referred to Senate Judiciary Committee
#crimes #judiciary
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Bill Summary · S 3782

Legislative bill overview

S 3782 creates a legal defense (affirmative defense) that allows individuals charged with crimes to argue they committed those crimes while under the control of human traffickers. The defense would apply across all crime categories if certain conditions are met, shifting the burden to defendants to prove they were trafficking victims at the time of the alleged offense.

Why is this important

Human trafficking victims often face criminal charges for crimes committed under coercion or duress by their traffickers—including drug trafficking, theft, prostitution, or even violence. This bill could prevent the criminalization of trafficking victims and redirect focus toward prosecuting traffickers. It aligns with trauma-informed approaches to victim justice used in some other states.

Potential points of contention

  • Scope concerns: The defense applies to "any crime," which critics argue could be too broad and potentially shield individuals for serious offenses, though intent and duress would still theoretically matter
  • Proof standards: Establishing victim status credibly and distinguishing genuine trafficking from other coercive situations or consensual criminal partnerships creates evidentiary challenges for courts
  • Implementation details: The bill's language ("under certain circumstances") lacks specificity about what those circumstances are, potentially creating inconsistent application and litigation over definitions

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

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