AN ACT

 

1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, further providing for trafficking of persons, for
4prostitution and related offenses and for sexual exploitation
5of children; providing for Assisting Victims of Child Sexual
6Exploitation Fund; and further providing for sexual offenses
7and tier system.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Sections 3002, 5902 and 6320 of Title 18 of the
11Pennsylvania Consolidated Statutes are amended to read:

12§ 3002. Trafficking of persons.

13(a) Offense defined.--A person commits an offense if the
14person knowingly traffics or knowingly attempts to traffic
15another person, knowing that the other person will be subjected
16to forced labor or services.

17(b) Grading.--An offense under subsection (a) shall be
18graded a felony of the second degree unless the other person

1suffers bodily injury or the other person is an individual under
218 years of age, in which case it shall be graded as a felony of
3the first degree.

4(c) Fines.--Any person convicted of trafficking of persons
5under 18 years of age shall be ordered by the court, in addition
6to any other penalty or fine imposed, to pay an additional fine
7in an amount not to exceed $25,000. Every fine imposed and
8collected pursuant to this section shall be deposited into the
9Assisting Victims of Child Sexual Exploitation Fund.

10§ 5902. Prostitution and related offenses.

11(a) Prostitution.--A person is guilty of prostitution if he
12or she:

13(1) is an inmate of a house of prostitution or otherwise
14engages in sexual activity as a business; or

15(2) loiters in or within view of any public place for
16the purpose of being hired to engage in sexual activity.

17(a.1) Grading of offenses under subsection (a).--An offense
18under subsection (a) constitutes a:

19(1) Misdemeanor of the third degree when the offense is
20a first or second offense.

21(2) Misdemeanor of the second degree when the offense is
22a third offense.

23(3) Misdemeanor of the first degree when the offense is
24a fourth or subsequent offense.

25(4) Felony of the third degree if the person who
26committed the offense knew that he or she was human
27immunodeficiency virus (HIV) positive or manifesting acquired
28immune deficiency syndrome (AIDS).

29(b) Promoting prostitution.--A person who knowingly promotes
30prostitution of another commits a misdemeanor or felony as

1provided in subsection (c) of this section. The following acts
2shall, without limitation of the foregoing, constitute promoting
3prostitution:

4(1) owning, controlling, managing, supervising or
5otherwise keeping, alone or in association with others, a
6house of prostitution or a prostitution business;

7(2) procuring an inmate for a house of prostitution or a
8place in a house of prostitution for one who would be an
9inmate;

10(3) encouraging, inducing, or otherwise intentionally
11causing another to become or remain a prostitute;

12(4) soliciting a person to patronize a prostitute;

13(5) procuring a prostitute for a patron;

14(6) transporting a person into or within this
15Commonwealth with intent to promote the engaging in
16prostitution by that person, or procuring or paying for
17transportation with that intent;

18(7) leasing or otherwise permitting a place controlled
19by the actor, alone or in association with others, to be
20regularly used for prostitution or the promotion of
21prostitution, or failure to make reasonable effort to abate
22such use by ejecting the tenant, notifying law enforcement
23authorities, or other legally available means; or

24(8) soliciting, receiving, or agreeing to receive any
25benefit for doing or agreeing to do anything forbidden by
26this subsection.

27(b.1) Promoting prostitution of minor.--A person who
28knowingly promotes prostitution of a minor commits a felony of
29the [third] first degree. The following acts shall, without
30limitation of the foregoing, constitute promoting prostitution

1of a minor:

2(1) owning, controlling, managing, supervising or
3otherwise keeping, alone or in association with others, a
4house of prostitution or a prostitution business in which a
5victim is a minor;

6(2) procuring an inmate who is a minor for a house of
7prostitution or a place in a house of prostitution where a
8minor would be an inmate;

9(3) encouraging, inducing or otherwise intentionally
10causing a minor to become or remain a prostitute;

11(4) soliciting a minor to patronize a prostitute;

12(5) procuring a prostitute who is a minor for a patron;

13(6) transporting a minor into or within this
14Commonwealth with intent to promote the engaging in
15prostitution by that minor, or procuring or paying for
16transportation with that intent;

17(7) leasing or otherwise permitting a place controlled
18by the actor, alone or in association with others, to be
19regularly used for prostitution of a minor or the promotion
20of prostitution of a minor, or failure to make reasonable
21effort to abate such use by ejecting the tenant, notifying
22law enforcement authorities or other legally available means;
23[or]

24(8) soliciting, receiving or agreeing to receive any
25benefit for doing or agreeing to do anything forbidden by
26this subsection[.]; or

27(9) advertising the prostitution of a minor through any
28paid or unpaid medium.

29(c) Grading of offenses under subsection (b).--

30(1) An offense under subsection (b) constitutes a felony

1of the third degree if:

2(i) the offense falls within paragraphs (b)(1), (b)
3(2) or (b)(3);

4(ii) the actor compels another to engage in or
5promote prostitution;

6(iv) the actor promotes prostitution of his spouse,
7child, ward or any person for whose care, protection or
8support he is responsible; or

9(v) the person knowingly promoted prostitution of
10another who was HIV positive or infected with the AIDS
11virus.

12(2) Otherwise the offense is a misdemeanor of the second
13degree.

14(d) Living off prostitutes.--A person, other than the
15prostitute or the prostitute's minor child or other legal
16dependent incapable of self-support, who is knowingly supported
17in whole or substantial part by the proceeds of prostitution is
18promoting prostitution in violation of subsection (b) of this
19section.

20(e) Patronizing prostitutes.--A person commits the offense
21of patronizing prostitutes if that person hires a prostitute or
22any other person to engage in sexual activity with him or her or
23if that person enters or remains in a house of prostitution for
24the purpose of engaging in sexual activity.

25(e.1) Grading of offenses under subsection (e).--An offense
26under subsection (e) constitutes a:

27(1) Misdemeanor of the third degree when the offense is
28a first or second offense.

29(2) Misdemeanor of the second degree when the offense is
30a third offense.

1(3) Misdemeanor of the first degree when the offense is
2a fourth or subsequent offense.

3(4) Felony of the third degree if the person who
4committed the offense knew that he or she was human
5immunodeficiency virus (HIV) positive or manifesting acquired
6immune deficiency syndrome (AIDS).

7(5) Felony of the first degree if the person who
8committed the offense engages in sexual activity with a
9prostitute who is a minor.

10(e.2) Publication of sentencing order.--A court imposing a
11sentence for a second or subsequent offense committed under
12subsection (e) shall publish the sentencing order in a newspaper
13of general circulation in the judicial district in which the
14court sits, and the court costs imposed on the person sentenced
15shall include the cost of publishing the sentencing order.

16(e.3) Additional fines.--Any person convicted of patronizing
17prostitutes under subsection (e.1)(5) shall be ordered by the
18court, in addition to any other penalty or fine imposed or
19restitution owed, to pay a fine in an amount not to exceed
20$25,000. Any fine imposed and collected pursuant to this
21subsection shall be deposited into the fund provided under
22section 6320.1 (relating to Assisting Victims of Child Sexual
23Exploitation Fund).

24(f) Definitions.--As used in this section the following
25words and phrases shall have the meanings given to them in this
26subsection:

27"House of prostitution." Any place where prostitution or
28promotion of prostitution is regularly carried on by one person
29under the control, management or supervision of another.

30"Inmate." A person who engages in prostitution in or through

1the agency of a house of prostitution.

2"Minor." An individual under 18 years of age.

3"Public place." Any place to which the public or any
4substantial group thereof has access.

5"Sexual activity." [Includes homosexual and other deviate
6sexual relations.] The intentional touching, either directly or 
7through clothing, of the sexual parts of any individual, 
8including, but not limited to the genitalia, anus, groin, breast 
9or buttocks, with the intent of gratifying sexual desire in 
10either person. The term includes any of the following:

11(1) sexual intercourse, which includes penetration,
12however slight, of any body part or object into the sex organ
13of another;

14(2) deviate sexual intercourse, which includes sexual
15intercourse per os or per anus; and

16(3) indecent contact.

17§ 6320. Sexual exploitation of children.

18(a) Offense defined.--A person commits the offense of sexual
19exploitation of children if he procures for another person a
20child under 18 years of age for the purpose of sexual
21exploitation.

22(b) Penalty.--An offense under this section is a felony of
23the [second] first degree.

24(c) Definitions.--As used in this section, the following
25words and phrases shall have the meanings given to them in this
26subsection:

27"Procure." To obtain or make available for sexual
28exploitation.

29"Sexual exploitation." Actual or simulated sexual activity
30or nudity arranged for the purpose of sexual stimulation or

1gratification of any person.

2Section 2. Title 18 is amended by adding a section to read:

3§ 6320.1. Assisting Victims of Child Sexual Exploitation Fund.

4(a) Legislative purpose.--The General Assembly recognizes
5the following public policy purpose and declares that the
6following objective of the Commonwealth is to be served by this
7chapter which is to protect the children of this Commonwealth
8who are victims of sexual exploitation. It is the intent of the
9General Assembly that the financial penalties assessed for those
10who engage in promoting the sexual exploitation of children be
11deposited in the Assisting Victims of Child Sexual Exploitation
12Fund to ensure that these victimized children are given access
13to proper treatment and the resources they need to be safe from
14the men and women who exploit them.

15(b) Establishment.--There is hereby established in the State
16Treasury a special fund to be known as the Assisting Victims of
17Child Sexual Exploitation Fund.

18(c) Fund administration and distribution.--The fund shall be
19administered by the Pennsylvania Commission on Crime and
20Delinquency and shall be used to fund programs and services for
21sexually exploited minors.

22(d) Regulations.--The commission may promulgate regulations
23on the administration of the fund.

24(e) Grants.--Notwithstanding any other provision of law, the
25commission shall, upon written application and subsequent
26approval, use moneys received under this section to annually
27award grants to approved applicants. The commission shall
28develop guidelines to produce grant programs.

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

1subsection unless the context clearly indicates otherwise:

2"Commission." The Pennsylvania Commission on Crime and
3Delinquency.

4"Eligible organization." A Statewide organization that meets
5all of the following requirements:

6(1) Possesses five or more consecutive years of working
7to reduce the impact and incidence of child abuse and
8exploitation.

9(2) Works with law enforcement, educational
10institutions, community groups, the courts and other agencies
11to help keep children safe.

12(3) Has as its purpose the reduction of child
13exploitation.

14"Fund." The Assisting Victims of Child Sexual Exploitation
15Fund established under subsection (b).

16Section 3. Section 9799.14 of Title 42 is amended to read:

17§ 9799.14. Sexual offenses and tier system.

18(a) Tier system established.--Sexual offenses shall be
19classified in a three-tiered system composed of Tier I sexual
20offenses, Tier II sexual offenses and Tier III sexual offenses.

21(b) Tier I sexual offenses.--The following offenses shall be
22classified as Tier I sexual offenses:

23(1) 18 Pa.C.S. § 2902(b) (relating to unlawful
24restraint).

25(2) 18 Pa.C.S. § 2903(b) (relating to false
26imprisonment).

27(3) 18 Pa.C.S. § 2904 (relating to interference with 
28custody of children).

29(4) 18 Pa.C.S. § 2910 (relating to luring a child into a
30motor vehicle or structure).

1(5) 18 Pa.C.S. § 3124.2(a) (relating to institutional
2sexual assault).

3(6) 18 Pa.C.S. § 3126(a)(1) (relating to indecent
4assault).

5(7) (Reserved).

6(8) 18 Pa.C.S. § 6301(a)(1)(ii) (relating to corruption
7of minors).

8(9) 18 Pa.C.S. § 6312(d) (relating to sexual abuse of
9children).

10(10) 18 Pa.C.S. § 7507.1. (relating to invasion of
11privacy).

12(11) 18 U.S.C. § 1801 (relating to video voyeurism).

13(12) 18 U.S.C. § 2252(a)(4) (relating to certain
14activities relating to material involving the sexual
15exploitation of minors).

16(13) 18 U.S.C. § 2252A (relating to certain activities
17relating to material constituting or containing child
18pornography).

19(14) 18 U.S.C. § 2252B (relating to misleading domain
20names on the Internet).

21(15) 18 U.S.C. § 2252C (relating to misleading words or
22digital images on the Internet).

23(16) 18 U.S.C. § 2422(a) (relating to coercion and
24enticement).

25(17) 18 U.S.C. § 2423(b) (relating to transportation of
26minors).

27(18) 18 U.S.C. § 2423(c).

28(19) 18 U.S.C. § 2424 (relating to filing factual
29statement about alien individual).

30(20) 18 U.S.C. § 2425 (relating to use of interstate

1facilities to transmit information about a minor).

2(21) A comparable military offense or similar offense
3under the laws of another jurisdiction or foreign country or
4under a former law of this Commonwealth.

5(22) An attempt, conspiracy or solicitation to commit an
6offense listed in paragraph (1), (2), (3), (4), (5), (6),
7(7), (8), (9), (10), (11), (12), (13), (14), (15), (16),
8(17), (18), (19), (20) or (21).

9(23) A conviction for a sexual offense in another
10jurisdiction or foreign country that is not set forth in this
11section, but nevertheless requires registration under a
12sexual offender statute in the jurisdiction or foreign
13country.

14(c) Tier II sexual offenses.--The following offenses shall
15be classified as Tier II sexual offenses:

16(1) 18 Pa.C.S. § 3122.1(a)(2) (relating to statutory
17sexual assault).

18(1.1) 18 Pa.C.S. § 3124.2(a.2) and (a.3).

19(1.2) 18 Pa.C.S. § 3126(a)(2), (3), (4), (5), (6) or
20(8).

21[(2) 18 Pa.C.S. § 5902(b.1) (relating to prostitution 
22and related offenses).]

23(3) 18 Pa.C.S. § 5903(a)(3)(ii), (4)(ii), (5)(ii) or (6)
24(relating to obscene and other sexual materials and
25performances).

26(4) 18 Pa.C.S. § 6312(b) and (c).

27(5) 18 Pa.C.S. § 6318 (relating to unlawful contact with
28minor).

29[(6) 18 Pa.C.S. § 6320 (relating to sexual exploitation
30of children).]

1(7) 18 U.S.C. § 1591 (relating to sex trafficking of
2children by force, fraud, or coercion).

3(8) 18 U.S.C. § 2243 (relating to sexual abuse of a
4minor or ward).

5(9) 18 U.S.C. § 2244 (relating to abusive sexual
6contact) where the victim is 13 years of age or older but
7under 18 years of age.

8(10) 18 U.S.C. § 2251 (relating to sexual exploitation
9of children).

10(11) 18 U.S.C. § 2251A (relating to selling or buying of
11children).

12(12) 18 U.S.C. § 2252(a)(1), (2) or (3).

13(13) 18 U.S.C. § 2260 (relating to production of
14sexually explicit depictions of a minor for importation into
15the United States).

16(14) 18 U.S.C. § 2421 (relating to transportation
17generally).

18(15) 18 U.S.C. § 2422(b).

19(16) 18 U.S.C. § 2423(a).

20(17) A comparable military offense or similar offense
21under the laws of another jurisdiction or foreign country or
22under a former law of this Commonwealth.

23(18) An attempt, conspiracy or solicitation to commit an
24offense listed in paragraph (1), (2), (3), (4), (5), (6),
25(7), (8), (9), (10), (11), (12), (13), (14), (15), (16) or
26(17).

27(d) Tier III sexual offenses.--The following offenses shall
28be classified as Tier III sexual offenses:

29(1) 18 Pa.C.S. § 2901(a.1) (relating to kidnapping).

30(2) 18 Pa.C.S. § 3121 (relating to rape).

1(3) 18 Pa.C.S. § 3122.1(b) (relating to statutory sexual
2assault).

3(4) 18 Pa.C.S. § 3123 (relating to involuntary deviate
4sexual intercourse).

5(5) 18 Pa.C.S. § 3124.1 (relating to sexual assault).

6(6) 18 Pa.C.S. § 3124.2(a.1).

7(7) 18 Pa.C.S. § 3125 (relating to aggravated indecent
8assault).

9(8) 18 Pa.C.S. § 3126(a)(7).

10(9) 18 Pa.C.S. § 4302(b) (relating to incest).

11(10) 18 U.S.C. § 2241 (relating to aggravated sexual
12abuse).

13(11) 18 U.S.C. § 2242 (relating to sexual abuse).

14(12) 18 U.S.C. § 2244 where the victim is under 13 years 
15of age.

16(13) A comparable military offense or similar offense
17under the laws of another jurisdiction or country or under a
18former law of this Commonwealth.

19(14) An attempt, conspiracy or solicitation to commit an
20offense listed in paragraph (1), (2), (3), (4), (5), (6),
21(7), (8), (9), (10), (11), (12) or (13).

22(15) (Reserved).

23(16) Two or more convictions of offenses listed as Tier
24I or Tier II sexual offenses.

25(17) 18 Pa.C.S. § 5902(b.1) and (e.1)(5) (relating to
26prostitution and related offenses).

27(18) 18 Pa.C.S. § 6320 (relating to sexual exploitation
28of children).

29Section 4. This act shall take effect in 60 days.