PRINTER'S NO. 4290

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 3112 Session of 1994


        INTRODUCED BY ZUG AND KREBS, OCTOBER 4, 1994

        REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 4, 1994

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further prohibiting prostitution.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5     Section 1.  Section 5902(c) of Title 18 of the Pennsylvania
     6  Consolidated Statutes is amended and the section is amended by
     7  adding a subsection to read:
     8  § 5902.  Prostitution and related offenses.
     9     * * *
    10     (a.1)  Grading of offenses under subsection (a).--An offense
    11  under subsection (a) constitutes a felony of the third degree if
    12  the person who committed the offense knowingly was human
    13  immunodeficiency virus (HIV) positive or infected with the
    14  acquired immune deficiency syndrome (AIDS) virus.
    15     * * *
    16     (c)  Grading of offenses under subsection (b).--
    17         (1)  An offense under subsection (b) constitutes a felony


     1     of the third degree if:
     2             (i)  the offense falls within paragraphs (b)(1),
     3         (b)(2) or (b)(3);
     4             (ii)  the actor compels another to engage in or
     5         promote prostitution;
     6             (iii)  the actor promotes prostitution of a child
     7         under the age of 16 years, whether or not he is aware of
     8         the age of the child; [or]
     9             (iv)  the actor promotes prostitution of his spouse,
    10         child, ward or any person for whose care, protection or
    11         support he is responsible[.]; or
    12             (v)  the offense falls within subsection (a.1) and
    13         the person who is soliciting knowingly was HIV positive
    14         or infected with the AIDS virus.
    15         (2)  Otherwise the offense is a misdemeanor of the second
    16     degree.
    17     * * *
    18     Section 2.  This act shall take effect in 60 days.








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