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Bill

A 403

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

2026-2027 Regular Session Introduced by Vicky Flynn and 1 co-sponsor

New Jersey bill creating an affirmative defense allowing human trafficking victims to escape prosecution for crimes committed under trafficker coercion.

Introduced, Referred to Assembly Aging and Human Services Committee
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Bill Summary · A 403

Legislative bill overview

Bill A 403 creates an affirmative 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 "under certain circumstances," meaning specific conditions would need to be met for the defense to be available. This legislation recognizes that trafficking survivors may be coerced into criminal activity by their traffickers.

Why is this important

Trafficking victims are frequently forced by traffickers to commit crimes—including theft, drug distribution, fraud, and prostitution—as a mechanism of control and profit. Currently, these individuals face criminal prosecution without legal recognition of their victimization and lack of genuine choice. This bill attempts to prevent the criminalization of trafficking victims' coerced actions, which could otherwise trap them in the criminal justice system rather than enabling their path to recovery.

Potential points of contention

  • Scope and "certain circumstances" definition: The bill references undefined limiting conditions, raising questions about which crimes qualify, how "direct result" is proven, and whether serious crimes (violent felonies) would be covered or excluded
  • Evidentiary burden: Determining trafficking victimization post-crime could be difficult; questions arise about what evidence is required and whether victims must have reported trafficking before committing the crime
  • Victims' advocates vs. law enforcement concerns: Trafficking advocates may argue restrictions are too narrow, while prosecutors may worry about criminals falsely claiming victimization as a defense tactic

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

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