A defendant may establish duress by showing they were a victim of trafficking at the time
What the document says“In a prosecution for a covered Federal offense, a defendant may establish duress by demonstrating that the defendant was a victim of trafficking at the time at which the defendant committed the offense.”
The operative provision. In a prosecution for a level A or level B offense, a defendant may establish duress by demonstrating that they were a victim of trafficking at the time the offense was committed. The section states the route to establishing duress and does not set out a burden of proof.
What the document actually says“In a prosecution for a covered Federal offense, a defendant may establish duress by demonstrating that the defendant was a victim of trafficking at the time at which the defendant committed the offense.”
A person on trial can show they acted under force. They do this by showing they were forced at the time of the crime.
Duress means a person acted because someone made them do it. Here, having been a forced worker is the way to show it.
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