1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, providing for the definition of "commercial sex";
4further providing for trafficking of persons; and providing 
5for the offense of selling or buying of minors into 
6commercial sex and for action for coercion into prostitution.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 3001 of Title 18 of the Pennsylvania
10Consolidated Statutes is amended by adding a definition to read:

11§ 3001. Definitions.

12The following words and phrases when used in this chapter
13shall have the meanings given to them in this section unless the
14context clearly indicates otherwise:

15"Commercial sex." Any sexual activity, including sexual 
16intercourse, deviate sexual intercourse or indecent contact, in 

1which anything of value is given to or received by another 
2person. The term includes prostitution, participation in the 
3production of pornography and performance in strip clubs and 
4sexual activity induced by force, fraud or coercion, either 
5express or implied, regardless of the age of the victim.

6* * *

7Section 2. Section 3002 of Title 18 is amended to read:

8§ 3002. Trafficking of persons.

9(a) Offense defined.--A person commits [an offense] the 
10offense of trafficking in persons if the person knowingly
11traffics or knowingly attempts to traffic another person,
12knowing that the other person will be subjected to forced labor
13or services or commercial sex.

14(b) Grading.--An offense under subsection (a) shall be
15graded a felony of the second degree unless the other person
16suffers bodily injury or the other person is an individual under
1718 years of age, whether or not the person is aware of the age 
18of the other person, in which case it shall be graded as a
19felony of the first degree.

20Section 3. Title 18 is amended by adding a section to read:

21§ 3002.1 Selling or buying of minors into commercial sex.

22(a) Offense defined.--A parent of a minor commits an offense
23if the parent sells or otherwise transfers custody or control of
24the minor or offers to sell or otherwise transfer custody of the
25minor with knowledge that as a consequence of the sale or
26transfer, the minor will engage in commercial sex acts.

27(b) Grading.--An offense under subsection (a) constitutes a 
28felony of the first degree.

29(c) Definitions.--As used in this section, the following
30words and phrases shall have the meanings given to them in this

1subsection:

2"Parent." The term shall include a natural parent,
3stepparent, adoptive parent, guardian or custodian of a child.

4Section 4. Title 42 is amended by adding a section to read:

5§ 8307.1. Action for coercion into prostitution.

6(a) Establishment.--A person shall have a cause of action
7for damages against any of the following:

8(1) A person who coerced that person into prostitution.

9(2) A person who coerces that person to remain in
10prostitution.

11(3) A person who uses coercion to collect or receive any
12part of that person's earnings derived from prostitution.

13(b) Attorney fees.--Reasonable attorney fees shall be
14awarded to a party that brings suit and prevails under this
15cause of action.

16(c) Definitions.--As used in this section, the following
17words and phrases shall have the meanings given to them in this
18subsection:

19"Coercion." Any practice of domination, restraint or
20inducement for the purpose of or with the reasonably foreseeable
21effect of causing another person to engage in or remain in
22prostitution or to relinquish earnings derived from
23prostitution. The term includes:

24(1) Physical or mental force or threats.

25(2) Blackmail.

26(3) Threat to interfere with parental rights or
27responsibilities.

28(4) Restraint of speech or communication with others.

29(5) Exploitation of a condition of developmental
30disability, cognitive limitation, affective disorder or

1substance dependency.

2(6) Exploitation of victimization by sexual abuse.

3(7) Exploitation of pornographic performance.

4(8) Exploitation of human needs for food, shelter,
5safety or affection.

6"Prostitution." The term shall have the same meaning as
7provided for in 18 Pa.C.S. § 5902 (relating to prostitution and
8related offenses).

9Section 5. This act shall take effect in 60 days.