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Bill

Bill

S 361

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

2026-2027 Regular Session Introduced by Holly Schepisi and 1 co-sponsor

New Jersey bill creates legal defense allowing trafficking victims to avoid criminal conviction by proving their crimes resulted from trafficking coercion.

Introduced in the Senate, Referred to Senate Judiciary Committee
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Bill Summary · S 361

Legislative bill overview

S 361 creates a legal affirmative defense allowing 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 under specified circumstances, shifting the burden to defendants to demonstrate their trafficking status as mitigation.

Why is this important

Human trafficking victims often commit crimes under coercion or duress from traffickers—including theft, prostitution, drug offenses, or assault. This bill recognizes that prosecution of trafficking victims can perpetuate harm and creates a legal pathway to avoid criminal conviction when trafficking causation is established, aligning New Jersey with victim-centered criminal justice approaches.

Potential points of contention

  • Scope and proof standards: The bill's language "under certain circumstances" is undefined, leaving unclear what evidence threshold victims must meet and whether this applies equally to serious felonies and minor offenses
  • Prosecutorial concerns: Law enforcement may argue the defense is too broad, could incentivize false trafficking claims, or improperly tie prosecution decisions to civil/immigration determinations of trafficking status
  • Implementation gaps: The bill doesn't specify whether conviction records can be expunged after successful affirmative defense use, how courts determine causation between trafficking and specific crimes, or whether victims need prior trafficking convictions/findings

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

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