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 for
5prostitution and related offenses; and providing for motion
6to vacate conviction for 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." Commercial sex acts, including conduct
16that constitutes an offense under section 5902 (relating to
17prostitution and related offenses), that are performed or
18provided:

19(1) by a person under 18 years of age; or

20(2) by a person 18 years of age or over who performs the

1acts because another person:

2(i) attempts to cause, causes or by threat of
3physical menace puts the person performing the acts in
4fear of bodily injury;

5(ii) physically restrains or threatens to physically
6restrain the person performing the acts unlawfully;

7(iii) abuses or threatens to abuse the law or legal
8process;

9(iv) possesses except as required under Federal
10immigration law or regulation, destroys, conceals,
11removes or confiscates any actual or purported passport
12or other immigration document of the person performing
13the acts, or any other actual or purported government
14identification document of the person performing the
15acts; or

16(v) engages in criminal coercion of the person
17performing the acts.

18* * *

19Section 2. Section 3002(a) of Title 18 is amended to read:

20§ 3002. Trafficking of persons.

21(a) Offense defined.--A person commits an offense if the
22person knowingly traffics or knowingly attempts to traffic
23another person, knowing that the other person will be subjected
24to forced labor or services or commercial sex.

25* * *

26Section 3. Section 5902 of Title 18 is amended by adding a
27subsection to read:

28§ 5902. Prostitution and related offenses.

29* * *

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

1guilty of prostitution under subsection (a) if the person's
2participation in the offense was a result of having been a
3victim of trafficking for commercial sex under section 3002(a)
4(relating to trafficking of persons) or trafficking in persons
5under the Trafficking Victims Protection Act of 2000 (22 U.S.C.
6§ 7101 et seq.). Official documentation of the person's status
7as a victim of sex trafficking or trafficking in persons at the
8time of the offense from a Federal, State or local government
9agency or a victim services agency or organization shall create
10a presumption that the person's participation in the offense was
11a result of having been a victim of sex trafficking or
12trafficking in persons.

13* * *

14Section 4. Title 42 is amended by adding a section to read:

15§ 9502. Motion to vacate conviction for prostitution.

16(a) Procedure.--At any time after the entry of a judgment,
17the court in which it was entered may, upon motion of the
18defendant, vacate the judgment upon the ground that the
19defendant's conviction was under 18 Pa.C.S. § 5902 (relating to 
20prostitution and related offenses) and participation in the
21offense was a result of having been a victim of trafficking for
22commercial sex under 18 Pa.C.S. § 3002(a) (relating to
23trafficking of persons) or trafficking in persons under the
24Trafficking Victims Protection Act of 2000 (22 U.S.C. § 7101 et
25seq.).

26(b) Requirements.--A motion under this section shall be made
27with due diligence, after the defendant has ceased to be a
28victim of the trafficking or has sought services for victims of
29the trafficking, subject to reasonable concerns for the safety
30of the defendant, family members of the defendant or other

1victims of the trafficking that may be jeopardized by the
2bringing of the motion, or for other reasons consistent with the
3purpose of this section. Official documentation of the
4defendant's status as a victim of sex trafficking or trafficking
5in persons at the time of the offense from a Federal, State or
6local government agency or a victim services agency or
7organization shall create a presumption that the defendant's
8participation in the offense was a result of having been a
9victim of sex trafficking or trafficking in persons, but shall
10not be required for granting a motion under this section.

11Section 5. This act shall take effect in 60 days.