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CHAPTER 30

HUMAN TRAFFICKING

 

Subchapter

A.  General Provisions

B.  Prosecution of Human Trafficking

C.  Prevention of Human Trafficking

D.  Protection of Victims of Human Trafficking

D.1. Safe Harbor for Sexually Exploited Children

E.  Miscellaneous Provisions

 

Enactment.  Chapter 30 was added July 2, 2014, P.L.945, No.105, effective in 60 days.

Prior Provisions.  Former Chapter 30, which related to Trafficking of Persons, was added November 9, 2006, P.L.1340, No.139, and repealed July 2, 2014, P.L.945, No.105, effective in 60 days.

Special Provisions in Appendix.  See section 9 of Act 105 of 2014 in the appendix to this title for special provisions relating to application of law.

Cross References.  Chapter 30 is referred to in sections 911, 3104, 5743.1 of this title; section 3103 of Title 23 (Domestic Relations); sections 5985.1, 5993 of Title 42 (Judiciary and Judicial Procedure).

 

 

SUBCHAPTER A

GENERAL PROVISIONS

 

Sec.

3001.  Definitions.

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§ 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:

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

"County agency."  A county children and youth social service agency established under section 405 of the act of June 24, 1937 (P.L.2017, No.396), known as the County Institution District Law, and supervised by the department under Article IX of the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code.

"Debt coercion."  Exploitation of the status or condition of a debtor arising from a pledge by the debtor of the personal services of the debtor or an individual under the debtor's control as a security or payment for debt, if any of the following apply:

(1)  The value of those services as reasonably assessed is not applied toward the liquidation of the debt.

(2)  The length and nature of those services are not respectively limited and defined.

(3)  The principal amount of the debt does not reasonably reflect the value of the items or services for which the debt was incurred.

(4)  The debtor is coerced to perform sex acts as payment for the debt.

(5)  The creditor controls and determines the movement, housing and services performed by the debtor until repayment of the debt.

"Department."  The Department of Human Services of the Commonwealth.

"Extortion."  As defined in section 3923 (relating to theft by extortion).

"Financial harm."  Includes any of the following:

(1)  A violation of the act of March 30, 1859 (P.L.318, No.318), entitled "An act for the better securing the Payment of the Wages of Labor in certain counties of this Commonwealth."

(2)  A violation of the act of May 23, 1887 (P.L.181, No.122), entitled "An act to regulate the employment of labor."

(3)  A criminal violation of the act of January 30, 1974 (P.L.13, No.6), referred to as the Loan Interest and Protection Law (Usury Law).

(4)  A violation of Chapter 2 of the act of June 23, 1978 (P.L.537, No.93), known as the Seasonal Farm Labor Act.

(5)  A violation of any other law of this Commonwealth governing the payment of wages for labor or services.

"Fund."  The Safe Harbor for Sexually Exploited Children Fund.

"Human trafficking."  Any activity in violation of section 3011 (relating to trafficking in individuals) either alone or in conjunction with an activity in violation of section 3012 (relating to involuntary servitude).

"Involuntary servitude."  Labor servitude or sexual servitude.

"Labor."  Work or service of economic or financial value.

"Labor servitude."  Labor which is performed or provided by another individual and is induced or obtained by any of the means set forth in section 3012(b).

"Minor."  An individual who is less than 18 years of age.

"Record."  Information, regardless of physical form or characteristics, that documents a transaction or activity and that is created, received or retained under law or in connection with a transaction, business or activity. The term includes any of the following:

(1)  A document, paper, letter, map, book, tape, photograph, film or sound recording.

(2)  Information stored or maintained electronically.

(3)  A data-processed or image-processed document.

"Serious harm."  Any harm, whether physical or nonphysical, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances as the victim of human trafficking to perform or to continue performing labor or a service, a commercial sex act or a performance involving sex acts in order to avoid incurring that harm.

"Service."  Any act committed at the behest of, under the supervision of or for the benefit of another.

"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.

"Sexual servitude."  Any sex act or performance involving a sex act for which anything of value is directly or indirectly given, promised to or received by any individual or which is performed or provided by any individual and is induced or obtained from:

(1)  A minor.

(2)  Any other individual by any of the means set forth in section 3012(b).

"Sexually exploited child."  An individual under 18 years of age who:

(1)  is a victim of sexual servitude; or

(2)  is a victim of an offense under 18 U.S.C. § 1591 (relating to sex trafficking of children or by force, fraud, or coercion).

"Victim of human trafficking" or "victim."  An individual who has been subjected to human trafficking.

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(Oct. 24, 2018, P.L.797, No.130, eff. 60 days)

 

2018 Amendment.  Act 130 added the defs. of "county agency," "department," "fund" and "sexually exploited child."

Cross References.  Section 3001 is referred to in section 3065 of this title; sections 5945.3, 6328, 9738 of Title 42 (Judiciary and Judicial Procedure).