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PRINTER'S NO. 2079
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1835
Session of
2021
INTRODUCED BY McCLINTON, TOOHIL, HILL-EVANS, KINSEY, SANCHEZ,
N. NELSON, KENYATTA, ISAACSON, ZABEL, A. BROWN, HARRIS,
MADDEN, PARKER, HOHENSTEIN, GUZMAN, SCHLOSSBERG, HOWARD,
SIMS, WARREN AND FRANKEL, SEPTEMBER 2, 2021
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 2, 2021
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 of another person 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:
§ 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:
* * *
"House of prostitution." Any place where prostitution or
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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, amended February 5,
2020 (P.L.1, No.1), is amended to read:
§ 3011. Trafficking in individuals.
(a) Offense defined.--A person commits a felony:
(1) of the first degree if the person recruits, entices,
solicits, advertises, harbors, transports, provides, obtains,
patronizes or maintains an individual if the person knows or
recklessly disregards that the individual will be subject to
sexual servitude;
(2) of the first degree if the person knowingly benefits
financially or receives anything of value from any act that
facilitates any activity described in paragraph (1);
(3) of the second degree if the person recruits,
entices, solicits, advertises, harbors, transports, provides,
obtains, patronizes or maintains an individual if the person
knows or recklessly disregards that the individual will be
subject to labor servitude; or
(4) of the second degree if the person knowingly
benefits financially or receives anything of value from an
act which facilitates any activity under paragraph (3).
* * *
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Section 3. Section 3013 of Title 18 is repealed:
[§ 3013. Patronizing a victim of sexual servitude.
(a) Offense defined.--
(1) A person commits a felony of the first 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.
(2) A person commits an offense if the person engages in
any sex act or performance with another individual with
reckless disregard for whether the act or performance is the
result of the individual being a victim of human trafficking.
An offense under this paragraph constitutes:
(i) A felony of the third degree when the offense is
a first offense.
(ii) A felony of the first degree when the offense
is a second or subsequent offense.
(b) Investigation.--An individual arrested for a violation
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 in one of the following amounts to the
court, to be distributed to the commission to fund the grant
program established under section 3031 (relating to grants):
(1) Except as otherwise provided in paragraph (2):
(i) Not less than $1,000 and not more than the
maximum amount applicable under section 1101 (relating to
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fines).
(ii) A person convicted of a second offense shall
pay a fine of not less than $5,000 nor more than $25,000.
(iii) A person convicted of a third or subsequent
offense shall pay a fine of not less than $10,000 nor
more than $50,000.
(2) Not less than $10,000 nor more than $50,000, if the
victim of sexual servitude was a minor at the time of the
offense.
(d) Distribution of fines.--
(1) From all fines collected under this section, 50%
shall be deposited in the Safe Harbor for Sexually Exploited
Children Fund established under section 3064 (relating to
Safe Harbor for Sexually Exploited Children Fund) and 50%
shall be deposited in the restricted account established in
paragraph (2).
(2) The Prevention of Human Trafficking Restricted
Account is established in the General Fund. The money in the
restricted account is appropriated on a continuing basis to
the commission for the purpose of funding the grant programs
under section 3031.]
Section 4. Title 18 is amended by adding sections to read:
§ 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
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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
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.
§ 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).
§ 3029. Commercial sexual exploitation of another person.
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(a) Offense defined.--A person commits the offense of
commercial sexual exploitation of another person if the person
provides anything of value to another 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.
(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. Sections 3064(b), 5902 and 9122(b.1) of Title 18
are amended to read:
§ 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 and distributed to the
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commission to fund the grant program established under section
3031 (relating to grants):
(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) shall be
ordered to pay a fine of $5,000 for each offense.] or 3027
(relating to promoting prostitution) shall be ordered to pay
a fine of $5,000 for each offense. If the victim of sexual
servitude was a minor at the time of the offense, the fine
shall be not less than $10,000 or more than $50,000.
(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.
(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.] 3028 (relating to
living off sexually exploited persons) or 3029 (relating to
commercial sexual exploitation of another person) shall be
ordered to pay a fine as follows:
(i) For a first offense, not less than $1,000 and
not more than the maximum amount applicable under section
1101 (relating to fines).
(ii) For a second offense, not less than $5,000 or
more than $25,000.
(iii) For a third or subsequent offense, not less
than $10,000 or more than $50,000.
(iv) In addition to the penalties under this
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paragraph, an individual convicted of an offense under
section 3027 or 3029 if the victim was a minor at the
time of the offense, shall be ordered to pay an
additional fine of $5,000 for each offense involving the
minor victim.
§ 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
promoting prostitution:
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(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
house of prostitution or a prostitution business in which a
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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;
(iv) the actor promotes prostitution of his spouse,
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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
immunodeficiency virus (HIV) positive or manifesting acquired
immune deficiency syndrome (AIDS).
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(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.
§ 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
where the victim is under 18 years of age:
Section 3027 (relating to promoting prostitution).
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Section 3029 (relating to commercial sexual exploitation
of another person).
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 6. This act shall take effect in 60 days.
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