2023 Pennsylvania Consolidated & Unconsolidated Statutes
Act 39 - CRIMES CODE (18 PA.C.S.) AND DOMESTIC RELATIONS (23 PA.C.S.) - TRAFFICKING IN INDIVIDUALS, PATRONIZING A VICTIM OF SEXUAL SERVITUDE, UNLAWFUL CONTACT WITH MINOR AND PERSONS ELIGIBLE TO APPLY

Session of 2023

No. 2023-39

 

SB 44

 

AN ACT

 

Amending Titles 18 (Crimes and Offenses) and 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in human trafficking, further providing for definitions, for the offense of trafficking in individuals and for the offense of patronizing a victim of sexual servitude; in minors, further providing for unlawful contact with minor; and, in domestic and sexual violence victim address confidentiality, further providing for definitions and for persons eligible to apply.

 

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

 

Section 1.  The definitions of "sexual servitude" and "victim of human trafficking" or "victim" in section 3001 of Title 18 of the Pennsylvania Consolidated Statutes are amended and the section is amended by adding a definition to read:

§ 3001.  Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Commercial sex act."  A sex act for which anything of value is given to or received by a person.

* * *

"Sexual servitude."  [Any sex act or performance involving a sex act for which anything of value is directly or indirectly given, promised to or received by any individual or] A commercial sex act or a sex act which is performed or provided by any individual and is induced or obtained from:

(1)  A minor.

(2)  Any other individual by any of the means set forth in section 3012(b).

* * *

"Victim of human trafficking" or "victim."  An individual who has been subjected to human trafficking. The term includes a victim of an offense under this chapter.

Section 2.  Section 3011(a)(1) of Title 18 is amended to read:

§ 3011.  Trafficking in individuals.

(a)  Offense defined.--A person commits a felony:

(1)  of the first degree if the person recruits, entices, solicits, patronizes, advertises, harbors, transports, provides, obtains or maintains an individual if the person knows or recklessly disregards that the individual will be subject to sexual servitude;

* * *

Section 3.  Section 3013(a) of Title 18 is amended by adding a paragraph to read:

§ 3013.  Patronizing a victim of sexual servitude.

(a)  Offense defined.--

* * *

(3)  A person commits an offense if the person engages in a sex act or performance with an individual who is under 18 years of age, causing the individual to engage in a commercial sex act and with reckless disregard for whether the act or performance is the result of the individual being a victim of human trafficking. An offense under this paragraph constitutes:

(i)  A felony of the second degree when the offense is a first offense.

(ii)  A felony of the first degree when the offense is a second or subsequent offense.

* * *

Section 4.  Section 6318(a) introductory paragraph of Title 18 is amended to read:

§ 6318.  Unlawful contact with minor.

(a)  Offense defined.--A person commits an offense if [he] the person is intentionally in contact with a minor, or a law enforcement officer acting in the performance of [his] duties who has assumed the identity of a minor or of another individual having direct contact with children, as defined under 23 Pa.C.S. § 6303(a) (relating to definitions), for the purpose of engaging in an activity prohibited under any of the following, and either the person initiating the contact or the person being contacted is within this Commonwealth:

* * *

Section 5.  The definition of "victim of human trafficking" in section 6702 of Title 23 is amended to read:

§ 6702.  Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

* * *

"Victim of human trafficking."  [A victim of an offense enumerated in either 18 Pa.C.S. § 3011 (relating to trafficking in individuals) or 3012 (relating to involuntary servitude).] As defined in 18 Pa.C.S. § 3001 (relating to definitions).

* * *

Section 6.  Section 6704(7) of Title 23 is amended to read:

§ 6704.  Persons eligible to apply.

The following persons shall be eligible to apply to become program participants:

* * *

(7)  A victim of human trafficking who files an affidavit with the Office of Victim Advocate describing the perpetrator's course of conduct or repeated actions toward the affiant meeting the criteria enumerated in [either] 18 Pa.C.S. § 3011 (relating to trafficking in individuals) [or], 3012 (relating to involuntary servitude) or 3013 (relating to patronizing a victim of sexual servitude) and further stating that the affiant fears future violent acts by the perpetrator of the human trafficking.

Section 7.  This act shall take effect in 60 days.

 

APPROVED--The 14th day of December, A.D. 2023.

 

JOSH SHAPIRO