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Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20190&cosponId=27030
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House of Representatives
Session of 2019 - 2020 Regular Session

MEMORANDUM

Posted: December 13, 2018 03:21 PM
From: Representative Seth M. Grove
To: All House members
Subject: The Buyer Beware Act: Combatting Human Trafficking in the Commonwealth
 
In 2016, the number of reported cases involving human trafficking in the United States jumped by 35%. Despite the belief of many that human trafficking is a problem which exists only in third world countries, this problem is a hidden epidemic affecting many of our communities. The National Human Trafficking Hotline reported there were 152 potential cases of trafficking in the commonwealth during 2016.

These cases, which often go unreported or underreported, were not limited to First or Second-Class cities as trafficking cases were found in, among other areas, York, Lancaster, Harrisburg, State College, Erie, Williamsport, Altoona and Allentown. The widespread nature of this crime, which robs an individual of their basic human rights, is more abhorrent by the fact the average age of a victim of sex trafficking or sex slavery is between 12-14 years old.

In order to address this hidden problem, I plan to introduce legislation which builds on the reforms of Act 105 of 2014 and Act 130 of 2018. This legislation is intended to shift the focus of state law from punishing the victims of trafficking to punishing those who traffic individuals and those who would buy sex from them. The bill, known as the Buyer Beware Act, accomplishes this by expanding the definition of trafficking under the Crimes Code to match federal law. The expanded definition will now include any individual who patronizes or advertises a victim of trafficking. Additionally, the legislation mirrors federal law by expanding the offense for patronizing a victim of trafficking to include any person who should have known or acted with reckless disregard to the fact the individual was victim of human trafficking.

The Buyer Beware Act would also double the amount of maximum jail time that an individual may serve for trafficking or patronizing a victim of trafficking. Currently these crimes are 2nd degree felony charges carrying a maximum penalty of up to 10 years in prison. The bill upgrades these to a 1st degree felony which carrying a maximum penalty up to 20 years in prison. In addition, those who patronize a victim of sexual trafficking would see an increased fine from $500 to between $1,000 and $30,000 at the discretion of the court. If the victim is a minor at the time of the offense, the fine is increased to a minimum of $5,000 and a maximum of $100,000.

Recognizing the connection between prostitution and human trafficking, the legislation also increases the fine for repeat offenders of those patronizing prostitutes. This begins by setting an additional fine for a second-time offender of at least $1,000, but no more than $20,000. A third-time offender would see an additional fine of at least $5,000 but no more than $30,000. A fourth-time offender would see an additional fine of at least $10,000 but no more than $50,000. These additional fines are to be split evenly between the grants under Section 3031 and the Fund for Sexually Exploited Children.

Human trafficking represents a violation of an individual’s basic human rights and unfortunately this happens way too often in the Commonwealth of Pennsylvania. I ask that you join me and co-sponsor this legislation to make Pennsylvania a leader in combatting this vile trade. Should you have any questions please contact Jordan Grant by email at Jgrant@pahousegop.com

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Introduced as HB12