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A03294
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1843
Session of
2023
INTRODUCED BY DONAHUE, KLUNK, MADDEN, GALLAGHER, HILL-EVANS,
SANCHEZ, HANBIDGE, HADDOCK, DELOZIER, ECKER, BOYD AND
CERRATO, NOVEMBER 13, 2023
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 13, 2023
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in depositions and
witnesses, providing for sentencing considerations for child
victim offenders.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 5988.1. Sentencing considerations for child victim offenders.
(a) Court discretion.--Subject to subsection (b) and
notwithstanding any other provision of law, if a child is
convicted of an offense in a criminal proceeding following a
motion filed by the prosecuto r or the defendant and a hearing on
the motion and the court finds, by clear and convincing
evidence, that a victim of the child's criminal conduct had,
within one year prior to the child's commission of the offense,
engaged in, or forced or compelled the child to engage in,
prohibited sexual conduct, and the child's commission of the
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offense was a direct result of the prohibited sexual conduct, or
the child acted under the influence of substantial emotional
distress during the commission of the offense, the court may:
(1) depart from any applicable mandatory minimum
sentence or sentencing enhancement;
(2) impose a determination of guilt without further
penalty;
(3) transfer the child's case to the division or a judge
of the court assigned to conduct juvenile hearings; or
(4) reduce or waive the imposition of fines, court costs
or restitution.
(b) Exceptions.--Subsection (a) shall not apply to a child's
conviction for any offense:
(1) under 18 Pa.C.S. Ch. 30 (relating to human
trafficking) or 31 (relating to sexual offenses); or
(2) involving any victim who did not engage in, or force
or compel the child to engage in, prohibited sexual conduct.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Emotional distress." A temporary or permanent state of
mental anguish caused or induced by the prohibited sexual
conduct.
"Prohibited sexual conduct." Any activity prohibited under
any of the following provisions under 18 Pa.C.S. (relating to
crimes and offenses):
(1) Any of the offenses enumerated in Chapter 30, if the
activity involved sexual servitude, as defined in section
3001 (relating to definitions).
(2) Section 3121(c) (relating to rape).
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(3) Section 3122.1 (relating to statutory sexual
assault).
(4) Section 3123 (relating to involuntary deviate sexual
intercourse).
(5) Section 3124.1 (relating to sexual assault).
(6) Section 3124.3 (relating to sexual assault by sports
official, volunteer or employee of nonprofit association).
(7) Section 3125 (relating to aggravated indecent
assault).
(8) Section 3126 (relating to indecent assault).
(9) Section 5902(b), (b.1), (d) and (e) (relating to
prostitution and related offenses).
(10) Section 6312 (relating to sexual abuse of
children).
Section 2. This act shall take effect in 60 days.
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