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PRINTER'S NO. 3093
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2170
Session of
2020
INTRODUCED BY McCLINTON, TOOHIL, RABB, FRANKEL, HILL-EVANS,
FIEDLER, KINSEY, HARRIS, CALTAGIRONE, NEILSON, HOWARD,
SCHLOSSBERG, KEEFER, DAWKINS, SCHWEYER, LEE, ULLMAN,
DONATUCCI, WARREN, HARKINS, HANBIDGE, SANCHEZ, BULLOCK,
GROVE, WILLIAMS, KRUEGER, SAPPEY, WEBSTER, SIMS, JONES,
BURGOS, YOUNGBLOOD, MERSKI, READSHAW AND MIHALEK,
JANUARY 10, 2020
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 10, 2020
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in human trafficking, further
providing for definitions and for trafficking in individuals;
repealing provisions relating to patronizing a victim of
sexual servitude, providing for the offenses of promoting
prostitution, of living off sexually exploited persons and of
commercial sexual exploitation and further providing for Safe
Harbor for Sexually Exploited Children Fund; in public
indecency, further providing for prostitution and related
offenses; and, in dissemination of criminal history record
information, further providing for expungement.
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 definitions to read:
ยง 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:
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"House of prostitution." Any place where prostitution or
promotion of prostitution is regularly carried on by one person
under the control, management or supervision of another.
* * *
"Inmate." A person who engages in prostitution in or through
the agency of a house of prostitution.
* * *
"Public place." Any place to which the public or any
substantial group thereof has access.
* * *
Section 2. Section 3011(a) of Title 18 is amended to read:
ยง 3011. Trafficking in individuals.
(a) Offense defined.--A person commits a felony of the
second degree if the person:
(1) recruits, entices, solicits, harbors, transports,
provides, obtains, patronizes or maintains an individual if
the person knows or recklessly disregards that the individual
will be subject to involuntary servitude; or
(2) knowingly benefits financially or receives anything
of value from any act that facilitates any activity described
in paragraph (1).
* * *
Section 3. Section 3013 of Title 18 is repealed:
[ยง 3013. Patronizing a victim of sexual servitude.
(a) Offense defined.--A person commits a felony of the
second degree if the person engages in any sex act or
performance with another individual knowing that the act or
performance is the result of the individual being a victim of
human trafficking.
(b) Investigation.--An individual arrested for a violation
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of section 5902(e) (relating to prostitution and related
offenses) may be formally detained and questioned by law
enforcement personnel to determine if the individual engaged in
any sex act or performance with the alleged prostitute knowing
that the individual is a victim of human trafficking.
(c) Fine.--A person whose violation of this section results
in a judicial disposition other than acquittal or dismissal
shall also pay a fine of $500 to the court, to be distributed to
the commission to fund the grant program established under
section 3031 (relating to grants).]
Section 4. Title 18 is amended by adding sections to read:
ยง 3027. Promoting prostitution.
(a) Offense defined.--Except as provided under subsection
(b) , a person who knowingly promotes prostitution of another
commits a felony of the third degree.
(b) Prohibited acts.--The following acts shall, without
limitation of the foregoing, constitute promoting prostitution:
(1) owning, controlling, managing, supervising or
otherwise keeping, alone or in association with others, a
house of prostitution or a prostitution business;
(2) procuring an inmate for a house of prostitution or a
place in a house of prostitution for one who would be an
inmate;
(3) encouraging, inducing or otherwise intentionally
causing another to become or remain a prostitute;
(4) soliciting a person to patronize a prostitute;
(5) procuring an individual to another for the purpose
of a commercial sex act;
(6) transporting a person into or within this
Commonwealth with intent to promote the engaging in
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prostitution by that person, or procuring or paying for
transportation with that intent;
(7) leasing or otherwise permitting a place controlled
by the actor, alone or in association with others, to be
regularly used for prostitution or the promotion of
prostitution, or failure to make reasonable effort to abate
such use by ejecting the tenant, notifying law enforcement
authorities or other legally available means; or
(8) soliciting, receiving or agreeing to receive any
benefit for doing or agreeing to do anything forbidden by
this section.
ยง 3028. Living off sexually exploited persons.
A person, other than the sexually exploited person or the
sexually exploited person's minor child or other legal dependent
incapable of self-support, who is knowingly supported in whole
or substantial part by the proceeds of prostitution is promoting
prostitution in violation of section 3027 (relating to promoting
prostitution).
ยง 3029. Commercial sexual exploitation.
(a) Offense defined.--A person commits the offense of
commercial sexual exploitation if that person provides anything
of value to a person to engage in a sex act with him or her or
if the person enters or remains in a house of prostitution for
the purpose of engaging in a sex act.
(b) Grading.--An offense under subsection (a) constitutes
the following:
(1) A misdemeanor of the third degree when the offense
is a first or second offense.
(2) A misdemeanor of the second degree when the offense
is a third offense.
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(3) A misdemeanor of the first degree when the offense
is a fourth or subsequent offense.
(4) A felony of the third degree if the person who
committed the offense knew that he or she was human
immunodeficiency virus (HIV) positive or manifesting acquired
immune deficiency syndrome (AIDS).
(c) Publication of sentencing order.--A court imposing a
sentence for a second or subsequent offense committed under
subsection (a) shall publish the sentencing order in a newspaper
of general circulation in the judicial district in which the
court sits, and the court costs imposed on the person sentenced
shall include the cost of publishing the sentencing order.
Section 5. Section 3064(b) of Title 18, added October 24,
2018 (P.L.797, No.130), is amended to read:
ยง 3064. Safe Harbor for Sexually Exploited Children Fund.
* * *
(b) Fines.--Notwithstanding any law to the contrary, the
fines provided by this subsection shall be in addition to any
fine authorized or required by law:
(1) An individual who is convicted of an offense under
section 3011 (relating to trafficking in individuals), 3012
(relating to involuntary servitude)[, 3013 (relating to
patronizing a victim of sexual servitude) or 5902(b) or (b.1)
(relating to prostitution and related offenses)], 3027
(relating to promoting prostitution) or 3029 (relating to
commercial sexual exploitation) shall be ordered to pay a
fine of $5,000 for each offense.
[(2) An individual who is convicted of an offense under
section 5902(e) shall be ordered to pay a fine of $2,500 for
each offense.
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(3) An individual who is convicted of an offense under
section 5902(e), when the individual knew or should have
known the victim was under 18 years of age, shall be ordered
to pay a fine of $5,000 for each offense.]
Section 6. Sections 5902 and 9122(b.1) of Title 18 are
amended to read:
ยง 5902. Prostitution and related offenses.
(a) Prostitution.--A person is guilty of prostitution if he
or she:
(1) is an inmate of a house of prostitution or otherwise
engages in [sexual activity] a sex act as a business; or
(2) loiters in or within view of any public place for
the purpose of being hired to engage in [sexual activity] a
sex act.
(a.1) Grading of offenses under subsection (a).--An offense
under subsection (a) constitutes a:
(1) Misdemeanor of the third degree. [when the offense
is a first or second offense.
(2) Misdemeanor of the second degree when the offense is
a third offense.
(3) Misdemeanor of the first degree when the offense is
a fourth or subsequent offense.]
(4) Felony of the third degree if the person who
committed the offense knew that he or she was human
immunodeficiency virus (HIV) positive or manifesting acquired
immune deficiency syndrome (AIDS).
[(b) Promoting prostitution.--A person who knowingly
promotes prostitution of another commits a misdemeanor or felony
as provided in subsection (c) of this section. The following
acts shall, without limitation of the foregoing, constitute
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promoting prostitution:
(1) owning, controlling, managing, supervising or
otherwise keeping, alone or in association with others, a
house of prostitution or a prostitution business;
(2) procuring an inmate for a house of prostitution or a
place in a house of prostitution for one who would be an
inmate;
(3) encouraging, inducing, or otherwise intentionally
causing another to become or remain a prostitute;
(4) soliciting a person to patronize a prostitute;
(5) procuring a prostitute for a patron;
(6) transporting a person into or within this
Commonwealth with intent to promote the engaging in
prostitution by that person, or procuring or paying for
transportation with that intent;
(7) leasing or otherwise permitting a place controlled
by the actor, alone or in association with others, to be
regularly used for prostitution or the promotion of
prostitution, or failure to make reasonable effort to abate
such use by ejecting the tenant, notifying law enforcement
authorities, or other legally available means; or
(8) soliciting, receiving, or agreeing to receive any
benefit for doing or agreeing to do anything forbidden by
this subsection.
(b.1) Promoting prostitution of minor.--A person who
knowingly promotes prostitution of a minor commits a felony of
the third degree. The following acts shall, without limitation
of the foregoing, constitute promoting prostitution of a minor:
(1) owning, controlling, managing, supervising or
otherwise keeping, alone or in association with others, a
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house of prostitution or a prostitution business in which a
victim is a minor;
(2) procuring an inmate who is a minor for a house of
prostitution or a place in a house of prostitution where a
minor would be an inmate;
(3) encouraging, inducing or otherwise intentionally
causing a minor to become or remain a prostitute;
(4) soliciting a minor to patronize a prostitute;
(5) procuring a prostitute who is a minor for a patron;
(6) transporting a minor into or within this
Commonwealth with intent to promote the engaging in
prostitution by that minor, or procuring or paying for
transportation with that intent;
(7) leasing or otherwise permitting a place controlled
by the actor, alone or in association with others, to be
regularly used for prostitution of a minor or the promotion
of prostitution of a minor, or failure to make reasonable
effort to abate such use by ejecting the tenant, notifying
law enforcement authorities or other legally available means;
or
(8) soliciting, receiving or agreeing to receive any
benefit for doing or agreeing to do anything forbidden by
this subsection.
(c) Grading of offenses under subsection (b).--
(1) An offense under subsection (b) constitutes a felony
of the third degree if:
(i) the offense falls within paragraphs (b)(1), (b)
(2) or (b)(3);
(ii) the actor compels another to engage in or
promote prostitution;
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(iii) (Deleted by amendment);
(iv) the actor promotes prostitution of his spouse,
child, ward or any person for whose care, protection or
support he is responsible; or
(v) the person knowingly promoted prostitution of
another who was HIV positive or infected with the AIDS
virus.
(2) Otherwise the offense is a misdemeanor of the second
degree.
(d) Living off prostitutes.--A person, other than the
prostitute or the prostitute's minor child or other legal
dependent incapable of self-support, who is knowingly supported
in whole or substantial part by the proceeds of prostitution is
promoting prostitution in violation of subsection (b) of this
section.
(e) Patronizing prostitutes.--A person commits the offense
of patronizing prostitutes if that person hires a prostitute or
any other person to engage in sexual activity with him or her or
if that person enters or remains in a house of prostitution for
the purpose of engaging in sexual activity.
(e.1) Grading of offenses under subsection (e).--An offense
under subsection (e) constitutes a:
(1) Misdemeanor of the third degree when the offense is
a first or second offense.
(2) Misdemeanor of the second degree when the offense is
a third offense.
(3) Misdemeanor of the first degree when the offense is
a fourth or subsequent offense.
(4) Felony of the third degree if the person who
committed the offense knew that he or she was human
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immunodeficiency virus (HIV) positive or manifesting acquired
immune deficiency syndrome (AIDS).
(e.2) Publication of sentencing order.--A court imposing a
sentence for a second or subsequent offense committed under
subsection (e) shall publish the sentencing order in a newspaper
of general circulation in the judicial district in which the
court sits, and the court costs imposed on the person sentenced
shall include the cost of publishing the sentencing order.]
(f) Definitions.--As used in this section the following
words and phrases shall have the meanings given to them in this
subsection:
"House of prostitution." Any place where prostitution or
promotion of prostitution is regularly carried on by one person
under the control, management or supervision of another.
"Inmate." A person who engages in prostitution in or through
the agency of a house of prostitution.
"Minor." An individual under 18 years of age.
"Public place." Any place to which the public or any
substantial group thereof has access.
["Sexual activity." Includes homosexual and other deviate
sexual relations.]
"Sex act." Any touching or exposure of the sexual or other
intimate parts of any individual for the purpose of gratifying
sexual desire of any individual.
ยง 9122. Expungement.
* * *
(b.1) Prohibition.--A court shall not have the authority to
order expungement of the defendant's arrest record where the
defendant was placed on Accelerated Rehabilitative Disposition
for a violation of any offense set forth in any of the following
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where the victim is under 18 years of age:
Section 3027 (relating to promoting prostitution).
Section 3029 (relating to commercial sexual
exploitation).
Section 3121 (relating to rape).
Section 3122.1 (relating to statutory sexual assault).
Section 3123 (relating to involuntary deviate sexual
intercourse).
Section 3124.1 (relating to sexual assault).
Section 3125 (relating to aggravated indecent assault).
Section 3126 (relating to indecent assault).
Section 3127 (relating to indecent exposure).
[Section 5902(b) (relating to prostitution and related
offenses).]
Section 5903 (relating to obscene and other sexual
materials and performances).
* * *
Section 7. This act shall take effect in 60 days.
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