HOUSE AMENDED
PRIOR PRINTER'S NOS. 850, 976
PRINTER'S NO. 1264
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
44
Session of
2023
INTRODUCED BY DUSH, COLLETT, PHILLIPS-HILL, ROTHMAN, COSTA,
BARTOLOTTA, CAPPELLETTI, HUGHES, STEFANO AND AUMENT,
JUNE 6, 2023
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 10, 2023
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
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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 patronizes
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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, added July 7, 2022 (P.L.501,
No.50), 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
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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, added July 7, 2022
(P.L.501, No.50), 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.
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