Bill
Bill > A5294
NJ A5294
NJ A5294Establishes affirmative defense to prosecution for any crime committed by victim of human trafficking under certain circumstances.
summary
Introduced
02/10/2025
02/10/2025
In Committee
02/10/2025
02/10/2025
Crossed Over
Passed
Dead
01/12/2026
01/12/2026
Introduced Session
2024-2025 Regular Session
Bill Summary
This bill establishes an affirmative defense to prosecution for crimes committed by a victim of human trafficking under certain circumstances. Under current law, it is a defense to a prosecution for the following crimes if the perpetrator of the offense is a victim of human trafficking: human trafficking; providing services, resources, or assistance with the knowledge that the services, resources, or assistance are intended to be used in furtherance of the commission of the crime of human trafficking; and prostitution and related offenses. This bill establishes an affirmative defense for human trafficking victims charged with any offense enumerated in Title 2C of the New Jersey Statutes if: (1) during the time of the alleged commission of the offense, the defendant was a victim of human trafficking; and (2) the crime was committed as a direct result of the human trafficking offense that was committed against the defendant. The bill further provides that a defendant who was a victim of human trafficking, may assert an affirmative defense under the bill even if there is the lack of a conviction for the underlying human trafficking offense committed against the defendant as a victim.
AI Summary
This bill establishes an expanded legal protection for victims of human trafficking by creating an affirmative defense to prosecution for crimes committed as a direct result of being trafficked. Specifically, the bill allows individuals who have been victims of human trafficking to defend themselves against criminal charges if they can demonstrate that: (1) they were a victim of human trafficking at the time of the alleged offense, and (2) the crime they are charged with was committed as a direct result of their trafficking experience. Notably, the bill removes a previous requirement that the underlying human trafficking offense result in a conviction, meaning a victim can still use this defense even if their trafficker was not successfully prosecuted. The legislation applies to crimes enumerated in Title 2C of the New Jersey Statutes, which covers a wide range of criminal offenses, and aims to recognize that trafficking victims are often coerced or forced into criminal activities by their traffickers. By providing this affirmative defense, the bill seeks to protect vulnerable individuals who have been exploited and compelled to commit crimes against their will, acknowledging the complex and traumatic nature of human trafficking.
Committee Categories
Justice
Sponsors (3)
Last Action
Introduced, Referred to Assembly Judiciary Committee (on 02/10/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2024/A5294 |
| BillText | https://pub.njleg.gov/Bills/2024/A5500/5294_I1.HTM |
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