THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ELLIS, MURT, SANTARSIERO, AUMENT, BAKER, BLOOM, BOBACK, V. BROWN, CARROLL, CLYMER, COHEN, CREIGHTON, CURRY, CUTLER, DALEY, DeLUCA, EVERETT, FLECK, GEIST, GIBBONS, GRELL, GROVE, HEFFLEY, HESS, HICKERNELL, HORNAMAN, KAUFFMAN, M. K. KELLER, KILLION, LAWRENCE, MANN, METCALFE, MILLARD, MULLERY, PETRARCA, QUINN, READSHAW, ROSS, K. SMITH, STEPHENS, STEVENSON, SWANGER, TALLMAN, TAYLOR, THOMAS, VULAKOVICH, YOUNGBLOOD, MICOZZIE, GILLEN, CALTAGIRONE AND MOUL, NOVEMBER 17, 2011

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 6, 2011   

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, providing for the definition of "commercial sex";

further providing for trafficking of persons; and providing

for the offense of selling or buying of minors into

commercial sex and for action for coercion into prostitution.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3001 of Title 18 of the Pennsylvania

Consolidated Statutes 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."  Any sexual activity, including sexual

intercourse, deviate sexual intercourse or indecent contact, in

which anything of value is given to or received by another

person. The term includes prostitution, participation in the

production of pornography and performance in strip clubs and

sexual activity induced by force, fraud or coercion, either

express of or implied, regardless of the age of the victim.

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

§ 3002.  Trafficking of persons.

(a)  Offense defined.--A person commits [an offense] the

offense of trafficking in persons if the person knowingly

traffics or knowingly attempts to traffic another person,

knowing that the other person will be subjected to forced labor

or services or commercial sex.

(b)  Grading.--An offense under subsection (a) shall be

graded a felony of the second degree unless the other person

suffers bodily injury or the other person is an individual under

18 years of age, whether or not the person is aware of the age

of the other person, in which case it shall be graded as a

felony of the first degree.

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

§ 3002.1  Selling or buying of minors into commercial sex.

(a)  Offense defined.--A parent of a minor commits an offense

if the parent sells or otherwise transfers custody or control of

the minor or offers to sell or otherwise transfer custody of the

minor with knowledge that as a consequence of the sale or

transfer, the minor will engage in commercial sex acts.

(b)  Grading.--An offense under subsection (a) constitutes a

felony of the second first degree.

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(c)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Parent."  The term shall include a natural parent,

stepparent, adoptive parent, guardian or custodian of a child.

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

§ 8307.1.  Action for coercion into prostitution.

(a)  Establishment.--A person shall have a cause of action

for damages against any of the following:

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

(2)  A person who coerces that person to remain in

prostitution.

(3)  A person who uses coercion to collect or receive any

part of that person's earnings derived from prostitution.

(b)  Attorney fees.--Reasonable attorney fees shall be

awarded to a party that brings suit and prevails under this

cause of action.

(c)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection:

"Coercion."  Any practice of domination, restraint or

inducement for the purpose of or with the reasonably foreseeable

effect of causing another person to engage in or remain in

prostitution or to relinquish earnings derived from

prostitution. The term includes:

(1)  Physical or mental force or threats.

(2)  Blackmail.

(3)  Threat to interfere with parental rights or

responsibilities.

(4)  Restraint of speech or communication with others.

(5)  Exploitation of a condition of developmental

disability, cognitive limitation, affective disorder or

substance dependency.

(6)  Exploitation of victimization by sexual abuse.

(7)  Exploitation of pornographic performance.

(8)  Exploitation of human needs for food, shelter,

safety or affection.

"Prostitution."  The term shall have the same meaning as

provided for in 18 Pa.C.S. § 5902 (relating to prostitution and

related offenses).

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