THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY LEACH, WOZNIAK, FONTANA AND FOLMER, MARCH 23, 2011

REFERRED TO JUDICIARY, MARCH 23, 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 for

prostitution and related offenses; and providing for motion

to vacate conviction for 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."  Commercial sex acts, including conduct

that constitutes an offense under section 5902 (relating to

prostitution and related offenses), that are performed or

provided:

(1)  by a person under 18 years of age; or

(2)  by a person 18 years of age or over who performs the

acts because another person:

(i)  attempts to cause, causes or by threat of

physical menace puts the person performing the acts in

fear of bodily injury;

(ii)  physically restrains or threatens to physically

restrain the person performing the acts unlawfully;

(iii)  abuses or threatens to abuse the law or legal

process;

(iv)  possesses except as required under Federal

immigration law or regulation, destroys, conceals,

removes or confiscates any actual or purported passport

or other immigration document of the person performing

the acts, or any other actual or purported government

identification document of the person performing the

acts; or

(v)  engages in criminal coercion of the person

performing the acts.

* * *

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

§ 3002.  Trafficking of persons.

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

* * *

Section 3.  Section 5902 of Title 18 is amended by adding a

subsection to read:

§ 5902.  Prostitution and related offenses.

* * *

(a.2)  Victim of sex trafficking.--A person shall not be

guilty of prostitution under subsection (a) if the person's

participation in the offense was a result of having been a

victim of trafficking for commercial sex under section 3002(a)

(relating to trafficking of persons) or trafficking in persons

under the Trafficking Victims Protection Act of 2000 (22 U.S.C.

§ 7101 et seq.). Official documentation of the person's status

as a victim of sex trafficking or trafficking in persons at the

time of the offense from a Federal, State or local government

agency or a victim services agency or organization shall create

a presumption that the person's participation in the offense was

a result of having been a victim of sex trafficking or

trafficking in persons.

* * *

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

§ 9502.  Motion to vacate conviction for prostitution.

(a)  Procedure.--At any time after the entry of a judgment,

the court in which it was entered may, upon motion of the

defendant, vacate the judgment upon the ground that the

defendant's conviction was under 18 Pa.C.S. § 5902 (relating to

prostitution and related offenses) and participation in the

offense was a result of having been a victim of trafficking for

commercial sex under 18 Pa.C.S. § 3002(a) (relating to

trafficking of persons) or trafficking in persons under the

Trafficking Victims Protection Act of 2000 (22 U.S.C. § 7101 et

seq.).

(b)  Requirements.--A motion under this section shall be made

with due diligence, after the defendant has ceased to be a

victim of the trafficking or has sought services for victims of

the trafficking, subject to reasonable concerns for the safety

of the defendant, family members of the defendant or other

victims of the trafficking that may be jeopardized by the

bringing of the motion, or for other reasons consistent with the

purpose of this section. Official documentation of the

defendant's status as a victim of sex trafficking or trafficking

in persons at the time of the offense from a Federal, State or

local government agency or a victim services agency or

organization shall create a presumption that the defendant's

participation in the offense was a result of having been a

victim of sex trafficking or trafficking in persons, but shall

not be required for granting a motion under this section.

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