reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 29 - Kidnapping › Section 2909 - Concealment of whereabouts of a child

§ 2909. Concealment of whereabouts of a child.
(a) Offense defined.--
A person who removes a child from the child's known place of residence with the intent to conceal the child's whereabouts from the child's parent or guardian, unless concealment is authorized by court order or is a reasonable response to domestic violence or child abuse, commits a felony of the third degree. For purposes of this subsection, the term "removes" includes personally removing the child from the child's known place of residence, causing the child to be removed from the child's known place of residence, preventing the child from returning or being returned to the child's known place of residence and, when the child's parent or guardian has a reasonable expectation that the person will return the child, failing to return the child to the child's known place of residence.
(b) Application.--
A person may be convicted under subsection (a) if either of the following apply:
(1) The acts that initiated the concealment occurred in this Commonwealth.
(2) The offender or the parent or guardian from whom the child is being concealed resides in this Commonwealth.
(Feb. 2, 1990, P.L.6, No.4, eff. 60 days)
1990 Amendment.
Act 4 added section 2909.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 29 - Kidnapping › Section 2910 - Luring a child into a motor vehicle or structure

§ 2910. Luring a child into a motor vehicle or structure.
(a) Offense.--
Unless the circumstances reasonably indicate that the child is in need of assistance, a person who lures or attempts to lure a child into a motor vehicle or structure without the consent, express or implied, of the child's parent or guardian commits an offense.
(a.1) Grading.--
The following shall apply:
(1) Except as provided under paragraph (2), an offense under subsection (a) is a misdemeanor of the first degree.
(2) If an offense under subsection (a) involves a child under 13 years of age, the offense is a felony of the second degree.
(a.2) Mistake as to age.--
If an offense under subsection (a) involves a child under 13 years of age, it shall be no defense that the defendant did not know the age of the child or reasonably believed the child to be 13 years of age or older.
(b) Affirmative defense.--
It shall be an affirmative defense to a prosecution under this section that the person lured or attempted to lure the child into the structure for a lawful purpose.
(c) Definitions.--
As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Child."
A person under 18 years of age.
"Motor vehicle."
Every self-propelled device in, upon or by which any person or property is or may be transported or drawn on a public highway.
"Structure."
A house, apartment building, shop, warehouse, barn, building, vessel, railroad car, cargo container, house car, trailer, trailer coach, camper, mine, floating home or other enclosed structure capable of holding a child, which is not open to the general public.
(Feb. 2, 1990, P.L.6, No.4, eff. 60 days; Nov. 10, 2005, P.L.330, No.64, eff. 60 days; Dec. 18, 2013, P.L.1194, No.116, eff. 60 days)
Cross References.
Section 2910 is referred to in section 6105 of this title; section 5329 of Title 23 (Domestic Relations); sections 9799.14, 9799.53, 9799.55 of Title 42 (Judiciary and Judicial Procedure); section 3113 of Title 63 (Professions and Occupations (State Licensed)).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Extra - Chapter Notes

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.
Cross References.
Chapter 30 is referred to in sections 911, 3104, 5743.1 of this title; sections 3103,
            5329 of Title 23 (Domestic Relations); sections 5920, 5985.1, 5993, 9718.1 of Title
            42 (Judiciary and Judicial Procedure); section 3113 of Title 63 (Professions and Occupations
            (State Licensed)).
Cross References.
Subchapter B is referred to in section 2718 of this title.
Enactment.
Subchapter D.1 was added October 24, 2018, P.L.797, No.130, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3011 - Trafficking in individuals

§ 3011. Trafficking in individuals.
(a) Offense defined.--
A person commits a felony:
(1) of the first degree if the person recruits, entices, solicits, patronizes, advertises, harbors, transports, provides, obtains 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 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).
(b) Trafficking in minors.--
Notwithstanding section 1103 (relating to sentence of imprisonment for felony), a person shall be sentenced to a term of imprisonment fixed by the court at not more than 40 years if:
(1) the person violates subsection (a)(1) or (2); and
(2) the violation:
(i) results in a minor being subjected to sexual servitude; and
(ii) is part of a course of conduct subjecting minors to sexual servitude.
(Feb. 5, 2020, P.L.1, No.1, eff. 60 days; Dec. 14, 2023, P.L.366, No.39, eff. 60 days)
2023 Amendment.
Act 39 amended subsec. (a)(1).
Cross References.
Section 3011 is referred to in sections 3001, 3021, 3064, 5708, 9158 of this title; section 6704 of Title 23 (Domestic Relations); sections 5551, 5552, 9714, 9720.2, 9799.14 of Title 42 (Judiciary and Judicial Procedure); section 6139 of Title 61 (Prisons and Parole).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3012 - Involuntary servitude

§ 3012. Involuntary servitude.
(a) Offense defined.--
A person commits a felony of the first degree if the person knowingly, through any of the means described in subsection (b), subjects an individual to labor servitude or sexual servitude, except where the conduct is permissible under Federal or State law other than this chapter.
(b) Means of subjecting an individual to involuntary servitude.--
A person may subject an individual to involuntary servitude through any of the following means:
(1) Causing or threatening to cause serious harm to any individual.
(2) Physically restraining or threatening to physically restrain another individual.
(3) Kidnapping or attempting to kidnap any individual.
(4) Abusing or threatening to abuse the legal process.
(5) Taking or retaining the individual's personal property or real property as a means of coercion.
(6) Engaging in unlawful conduct with respect to documents, as defined in section 3014 (relating to unlawful conduct regarding documents).
(7) Extortion.
(8) Fraud.
(9) Criminal coercion, as defined in section 2906 (relating to criminal coercion).
(10) Duress, through the use of or threat to use unlawful force against the person or another.
(11) Debt coercion.
(12) Facilitating or controlling the individual's access to a controlled substance.
(13) Using any scheme, plan or pattern intended to cause the individual to believe that, if the individual does not perform the labor, services, acts or performances, that individual or another individual will suffer serious harm or physical restraint.
Cross References.
Section 3012 is referred to in sections 3001, 3018, 3021, 3064, 5708, 9158 of this title; section 6704 of Title 23 (Domestic Relations); sections 5551, 5552, 9720.2, 9799.14 of Title 42 (Judiciary and Judicial Procedure); section 6139 of Title 61 (Prisons and Parole).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3014 - Unlawful conduct regarding documents

§ 3014. Unlawful conduct regarding documents.
A person commits a felony of the third degree if, to prevent or restrict or attempt to prevent or restrict, without lawful authority, the ability of an individual to move or travel, the person knowingly destroys, conceals, removes, confiscates or possesses an actual or purported:
(1) passport or other immigration document of an individual; or
(2) government identification document of an individual.
Cross References.
Section 3014 is referred to in section 3012 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3015 - Nonpayment of wages

§ 3015. Nonpayment of wages.
(a) Offense defined.--
A person who, in connection with, as a part of or in addition to engaging in human trafficking, willfully or with intent to defraud, fails or refuses to pay wages for or otherwise causes financial harm to an individual in connection with labor services rendered commits:
(1) A misdemeanor of the third degree if the amount owed to the individual is less than $2,000.
(2) A felony of the third degree, if:
(i) the amount owed to the individual is equal to or greater than $2,000;
(ii) the failure or refusal constitutes a second or subsequent violation of this section; or
(iii) the person falsely denies the amount due or the validity of the debt.
(b) Offenses cumulative.--
A person commits a separate offense under this section for each calendar month during which the individual earned wages that the person failed to pay or was otherwise financially harmed.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3016 - Obstruction of justice

§ 3016. Obstruction of justice.
A person who commits a violation of Subchapter B of Chapter 49 (relating to victim and witness intimidation) or Chapter 51 (relating to obstructing governmental operations) that in any way interferes with or prevents the enforcement of this chapter shall be subject to the same penalties that may be imposed for the offense for which the person has been charged under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3017 - Violation by business entities

§ 3017. Violation by business entities.
(a) Penalty.--
Any business entity, including a corporation or unincorporated association, limited liability partnership or company or other legal entity, that knowingly aids or participates in any violation of this chapter, shall be subject to any of the following penalties:
(1) A fine of not more than $1,000,000.
(2) Revocation of the business entity's:
(i) charter, if it is organized under the laws of this Commonwealth; or
(ii) certificate of authority to do business in this Commonwealth, if the business entity is not organized under the laws of this Commonwealth.
(3) Other relief as the court deems equitable, including forfeiture of assets or restitution as provided in this chapter.
(b) Disposition of fines.--
Fines imposed under this section shall be deposited as provided in section 3031 (relating to grants).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3018 - Evidence and defenses to human trafficking

§ 3018. Evidence and defenses to human trafficking.
(a) General rule.--
Evidence of the age of the victim of human trafficking with respect to the age of consent to sex or legal age of marriage shall not constitute a defense in a prosecution for a violation under this chapter, nor shall the evidence preclude a finding of a violation under this chapter.
(1) (Deleted by amendment).
(2) (Deleted by amendment).
(a.1) Evidence of victim's sexual conduct.--
The provisions of section 3104 (relating to evidence of victim's sexual conduct) shall apply to prosecutions under this chapter.
(b) Victim's consent to employment contract in labor servitude.--
The consent of the victim of human trafficking to an employment contract, notwithstanding if there was not fraud involved in the contract's formation, shall not be a defense to labor trafficking if force or coercion as described in section 3012(b) (relating to involuntary servitude) were involved in the making of the contract.
(c) Victim's age in sexual servitude.--
Except as provided in section 3102 (relating to mistake as to age), evidence of a defendant's lack of knowledge of a person's age, or a reasonable mistake of age, is not a defense for a violation of this chapter involving the sexual servitude of a minor.
(June 30, 2021, P.L.179, No.32, eff. 60 days)
2021 Amendment.
Act 32 amended subsec. (a) and added subsec. (a.1).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3020 - Restitution

§ 3020. Restitution.
In addition to the provisions of section 1106 (relating to restitution for injuries to person or property), the following shall apply:
(1) A person who violates this chapter shall be ineligible to receive restitution.
(2) The following items may be included in an order of restitution:
(i) For the period during which the victim of human trafficking was engaged in involuntary servitude, the greater of the following:
(A) The value of the victim's time during the period of involuntary servitude as guaranteed under the minimum wage and overtime provisions of the laws of this Commonwealth.
(B) The gross income or value to the defendant of the services of the victim.
(C) The amount the victim was promised or the amount an individual in the position of the victim would have reasonably expected to earn. This clause shall not apply to the amount an individual would have reasonably expected to earn in an illegal activity.
(ii) The return of property of the victim of human trafficking, cost of damage to the property or the replacement value of the property if taken, destroyed or damaged beyond repair as a result of human trafficking.
(3) Collection and distribution of restitution payments shall be governed by the provisions of 42 Pa.C.S. §§ 9728 (relating to collection of restitution, reparation, fees, costs, fines and penalties), 9730 (relating to payment of court costs, restitution and fines) and 9730.1 (relating to collection of court costs, restitution and fines by private collection agency).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3022 - Professional licenses

§ 3022. Professional licenses.
(a) Suspension of professional license.--
The professional license of a licensee who in the course of a violation of this chapter knowingly employs or permits the employment of a victim of human trafficking shall be suspended for a minimum period of one year.
(b) Administrative procedure.--
A suspension under subsection (a) shall be subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).
(c) Definition.--
As used in this section, "licensee" shall mean an individual, corporation, partnership, limited liability company or other legal entity that holds a license issued by an administrative board or commission under the Bureau of Professional and Occupational Affairs in the Department of State.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3024 - Sentencing

§ 3024. Sentencing.
The Pennsylvania Commission on Sentencing, in accordance with 42 Pa.C.S. § 2154 (relating to adoption of guidelines for sentencing), shall provide for sentencing enhancements for courts to consider in cases involving trafficking in individuals and involuntary servitude.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3025 - Data collection

§ 3025. Data collection.
The Pennsylvania Commission on Sentencing established in 42 Pa.C.S. § 2151.2 (relating to commission) shall collect data and other relevant information on sentences imposed under this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3026 - Concurrent jurisdiction

§ 3026. Concurrent jurisdiction.
The Attorney General and the district attorneys of the several counties shall have concurrent authority to investigate and institute criminal proceedings under the provisions of this chapter.
(Oct. 24, 2018, P.L.797, No.130, eff. 60 days)
2018 Amendment.
Act 130 added section 3026.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3031 - Grants

§ 3031. Grants.
Subject to the availability of funds, the commission shall make grants to State agencies, units of local government and nongovernmental organizations to:
(1) Develop, expand or strengthen programs for victims of human trafficking. Such programs may include:
(i) Health services, including mental health services.
(ii) Temporary and permanent housing placement.
(iii) Legal and immigration services.
(iv) Employment placement, education and training.
(2) Ensure prevention of human trafficking, including increasing public awareness.
(3) Ensure protection of victims of human trafficking, including training of first responders.
Cross References.
Section 3031 is referred to in sections 3013, 3017, 3021 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3053 - Appropriate implementation for minor victims of human trafficking (Repealed)

§ 3053. Appropriate implementation for minor victims of human trafficking (Repealed).
2018 Repeal.
Section 3053 was repealed October 24, 2018, P.L.797, No.130, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3054 - Services

§ 3054. Services.
(a) Information for victims.--
Subject to the availability of funding, the commission shall prepare a model informational form to be used by any person having contact with victims of human trafficking that informs victims of human trafficking, in a language they can understand, of the following:
(1) The procedure for repatriation to the country of citizenship or lawful residence of the victim of human trafficking.
(2) A directory of local service organizations for victims of human trafficking.
(3) A directory of legal services organizations that can assist victims of human trafficking in obtaining or maintaining legal immigration status.
(4) A directory of benefits for victims of human trafficking under Federal and State laws.
(b) Labor standards and working conditions.--
The Department of Labor and Industry shall:
(1) Administer labor standards regarding wages, hours of work and working conditions under its jurisdiction without regard to the legal status of the individual's right to work in the United States.
(2) Report to the appropriate law enforcement agency any evidence of human trafficking that may be discovered during the course of an investigation of wages, hours of work and working conditions.
(c) Immigration certification.--
(1) The Attorney General, a district attorney or any representative of a law enforcement agency may certify in writing to the United States Department of Justice or other Federal agency, including the United States Department of Homeland Security, that:
(i) an investigation or prosecution under this chapter has begun; and
(ii) an individual who may be a victim of human trafficking is willing to cooperate or is cooperating with the investigation to enable the individual, if eligible under Federal law, to qualify for an appropriate special immigrant visa and to access available Federal benefits.
(2) Cooperation with law enforcement agencies shall not be required of a victim of human trafficking who is a minor.
(3) Certification under this subsection may be made available to the victim of human trafficking and the designated legal representative of the victim of human trafficking.
(d) Access to crime victims services.--
Victims of human trafficking shall be eligible for benefits and compensation under the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3055 - Victims in shelters

§ 3055. Victims in shelters.
(a) Voluntary placement.--
Residence of a victim of human trafficking in a shelter or other facility shall be voluntary, and a victim of human trafficking may decline to stay in a shelter or other facility.
(b) Restrictions on admission.--
Admission to a shelter:
(1) shall be made without regard to race, religion, ethnic background, sexual orientation, country of origin or culture; and
(2) may not be conditioned on whether the victim of human trafficking is cooperating with a law enforcement agency in its attempts to prosecute persons under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3056 - Special relief to restore victim's dignity and autonomy

§ 3056. Special relief to restore victim's dignity and autonomy.
(a) General rule.--
An individual who is a victim of human trafficking and has been tattooed with an identifying mark of human trafficking as a direct result of being trafficked may be eligible for special relief.
(b) Form of special relief.--
(1) An individual who is a victim of human trafficking may be reimbursed from the fund for the costs of removing or covering up a tattoo with an identifying mark.
(2) No reimbursement may be paid if the individual has incurred reimbursable expenses of less than $100, and no reimbursement may exceed $10,000 per individual.
(3) If a reimbursement paid from the fund to an individual is later recovered by an insurance settlement, civil suit settlement or restitution, the individual shall pay to the fund an amount equal to the reimbursement.
(Oct. 24, 2018, P.L.797, No.130, eff. 60 days)
2018 Amendment.
Act 130 added section 3056.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3062 - Specialized services for sexually exploited children

§ 3062. Specialized services for sexually exploited children.
The department shall, in conjunction with county agencies:
(1) Develop and provide specialized programs and services for sexually exploited children that address a victim's needs, including the following:
(i) Safe and stable housing.
(ii) Access to education.
(iii) Employment and life-skills training.
(iv) Comprehensive case management.
(v) Physical and behavioral health care, including trauma therapy.
(vi) Treatment for drug or alcohol dependency.
(vii) Medical and dental care.
(viii) Access to personal care items and adequate clothing.
(ix) Other needs that sexually exploited children may have as determined by the department or the county agencies.
(2) Ensure that providers of the specialized programs and services provided under paragraph (1) receive sufficient training and understand the unique circumstances surrounding the victimization of sexually exploited children.
Cross References.
Section 3062 is referred to in section 3065 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3063 - Law enforcement training

§ 3063. Law enforcement training.
The Municipal Police Officers' Education and Training Commission and the Pennsylvania State Police shall provide training to appropriate law enforcement officers. The training shall include:
(1) Methods used to identify a sexually exploited child.
(2) Methods used to interview and engage with a sexually exploited child.
(3) Methods to assist victims to access specialized programs and services for a sexually exploited child.
(4) Methods to minimize trauma in the detention of a sexually exploited child.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3064 - Safe Harbor for Sexually Exploited Children Fund

§ 3064. Safe Harbor for Sexually Exploited Children Fund.
(a) Establishment.--
(1) The Safe Harbor for Sexually Exploited Children Fund is established in the State Treasury and shall be administered by the department.
(2) Appropriations for transfers to the fund and fines paid and interest accrued on money collected under subsection (b) shall be deposited into the fund.
(3) In addition to money that may be appropriated by the General Assembly, the department may apply for and expend Federal grants and contributions from other public, quasi-public or private sources to assist in implementing this subchapter.
(4) Money in the fund shall be used as follows:
(i) At least 50% of the fund may be expended by the department to provide victim services either directly by the department or through grants.
(ii) At least 40% of the fund may be expended to increase public awareness through an anti-demand campaign.
(iii) Not more than 10% of the fund may be expended by the department for the costs of operating and maintaining the 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:
(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.
(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.
Cross References.
Section 3064 is referred to in section 3013 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3065 - Safe harbor for sexually exploited children

§ 3065. Safe harbor for sexually exploited children.
(a) Safe harbor.--
If it is determined by a law enforcement officer, after reasonable detention for investigative purposes, that an individual is under 18 years of age and is determined to be a sexually exploited child as defined in section 3001 (relating to definitions), the individual shall be immune from:
(1) Prosecution or adjudication as a delinquent child for a violation of sections 5507 (relating to obstructing highways and other public passages) and 5902(a) (relating to prostitution and related offenses).
(2) Revocation of an existing term of probation or parole arising from a conviction or adjudication for another offense if the revocation is based on conduct under paragraph (1).
(b) Exceptions to safe harbor.--
The safe harbor under subsection (a) shall not:
(1) Interfere with or prevent an investigation, arrest, charge, prosecution, delinquency adjudication or revocation for violations other than a violation under subsection (a).
(2) Bar the admission of evidence in connection with the investigation and prosecution for a violation other than a violation under subsection (a).
(3) Bar the admission of evidence in connection with an investigation and prosecution of an individual who does not qualify for safe harbor as provided under this section.
(c) Detainment.--
An individual determined to be a sexually exploited child as defined in section 3001 (relating to definitions) shall be detained no longer than necessary and only to assist the child in securing specialized services available under section 3062 (relating to specialized services for sexually exploited children) or to refer the child to a county agency if required under 42 Pa.C.S. § 6328 (relating to dependency in lieu of delinquency).
(d) Immunity.--
In addition to any other immunity or limitation on civil liability, a law enforcement officer or prosecuting attorney who, acting in good faith, investigates, detains, charges or institutes delinquency proceedings against an individual who is thereafter determined to be entitled to immunity under this section shall not be subject to civil liability for the actions.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3071 - Funding

§ 3071. Funding.
In addition to any money that may be appropriated from time to time by the General Assembly for its work, the commission may apply for and expend Federal grants and grants and contributions from other public, quasi-public or private sources to assist in implementing this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 31 - Sexual Offenses › Extra - Chapter Notes

Enactment.
Chapter 31 was added December 6, 1972, P.L.1482, No.334, effective in six months.
Cross References.
Chapter 31 is referred to in sections 3104, 3502, 5743.1, 6301, 6318 of this title;
            section 3103 of Title 23 (Domestic Relations); sections 1726.1, 5750, 5920, 5985.1,
            5987, 5993, 62A03, 9718.1, 9912 of Title 42 (Judiciary and Judicial Procedure); section
            2303 of Title 44 (Law and Justice); section 3113 of Title 63 (Professions and Occupations
            (State Licensed)).
Enactment.
Subchapter C was added November 29, 2006, P.L.1567, No.178, effective January 1, 2007.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 31 - Sexual Offenses › Section 3101 - Definitions

§ 3101. Definitions.
Subject to additional definitions contained in subsequent provisions of this chapter which are applicable to specific provisions of this chapter, the following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Complainant."
An alleged victim of a crime under this chapter.
"Deviate sexual intercourse."
Sexual intercourse per os or per anus between human beings and any form of sexual intercourse with an animal. The term also includes penetration, however slight, of the genitals or anus of another person with a foreign object for any purpose other than good faith medical, hygienic or law enforcement procedures.
"Forcible compulsion."
Compulsion by use of physical, intellectual, moral, emotional or psychological force, either express or implied. The term includes, but is not limited to, compulsion resulting in another person's death, whether the death occurred before, during or after sexual intercourse.
"Foreign object."
Includes any physical object not a part of the actor's body.
"Indecent contact."
Any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire, in any person.
"Serious bodily injury."
As defined in section 2301 (relating to definitions).
"Sexual intercourse."
In addition to its ordinary meaning, includes intercourse per os or per anus, with some penetration however slight; emission is not required.
(Dec. 21, 1984, P.L.1210, No.230, eff. 60 days; Feb. 2, 1990, P.L.6, No.4, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Dec. 9, 2002, P.L.1350, No.162, eff. 60 days; Dec. 16, 2002, P.L.1953, No.226, eff. 60 days; Dec. 18, 2013, P.L.1163, No.105, eff. Jan. 1, 2014)
2013 Amendment.
Act 105 amended the def. of "indecent contact."
2002 Amendments.
Act 162 added the def. of "serious bodily injury" and Act 226 added the def. of "serious bodily injury." The amendments by Acts 162 and 226 are identical and therefore have been merged.
Cross References.
Section 3101 is referred to in sections 3133, 5902, 5903, 6312 of this title; sections 5533, 6302, 9720.5 of Title 42 (Judiciary and Judicial Procedure).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 31 - Sexual Offenses › Section 3102 - Mistake as to age

§ 3102. Mistake as to age.
Except as otherwise provided, whenever in this chapter the criminality of conduct depends on a child being below the age of 14 years, it is no defense that the defendant did not know the age of the child or reasonably believed the child to be the age of 14 years or older. When criminality depends on the child's being below a critical age older than 14 years, it is a defense for the defendant to prove by a preponderance of the evidence that he or she reasonably believed the child to be above the critical age.
(May 18, 1976, P.L.120, No.53, eff. 30 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days)
1995 Amendment.
Section 18 of Act 10, 1st Sp.Sess., provided that the amendment of section 3102 shall apply to offenses committed on or after the effective date of Act 10.
Cross References.
Section 3102 is referred to in section 3018 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 31 - Sexual Offenses › Section 3103 - Spouse relationships (Repealed)

§ 3103. Spouse relationships (Repealed).
1995 Repeal.
Section 3103 was repealed March 31, 1995, 1st Sp.Sess. (P.L.985, No.10), effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 31 - Sexual Offenses › Section 3104 - Evidence of victim's sexual conduct

§ 3104. Evidence of victim's sexual conduct.
(a) General rule.--
Evidence of specific instances of the alleged victim's past sexual conduct, past sexual victimization, allegations of past sexual victimization, opinion evidence of the alleged victim's past sexual conduct, and reputation evidence of the alleged victim's past sexual conduct shall not be admissible in prosecutions of any offense listed in subsection (c) except evidence of the alleged victim's past sexual conduct with the defendant where consent of the alleged victim is at issue and such evidence is otherwise admissible pursuant to the rules of evidence.
(b) Evidentiary proceedings.--
A defendant who proposes to offer evidence of the alleged victim's past sexual conduct, past sexual victimization, allegations of past sexual victimization, opinion evidence of the alleged victim's past sexual conduct and reputation evidence of the alleged victim's past sexual conduct pursuant to subsection (a) shall file a written motion and offer of proof at the time of trial. If, at the time of trial, the court determines that the motion and offer of proof are sufficient on their faces, the court shall order an in camera hearing and shall make findings on the record as to the relevance and admissibility of the proposed evidence pursuant to the standards set forth in subsection (a).
(c) Applicability.--
This section shall apply to prosecutions of any of the following offenses, including conspiracy, attempt or solicitation to commit any of the following offenses, enumerated in this title:
Chapter 27 (relating to assault).
Chapter 29 (relating to kidnapping).
Chapter 30 (relating to human trafficking).
Chapter 31 (relating to sexual offenses).
Section 4302 (relating to incest).
Section 4304 (relating to endangering welfare of children), if the offense involved sexual contact with the victim.
Section 6301(a)(1)(ii) (relating to corruption of minors).
Section 6312(b) (relating to sexual abuse of children).
Section 6318 (relating to unlawful contact with minor).
Section 6320 (relating to sexual exploitation of children).
(May 18, 1976, P.L.120, No.53, eff. 30 days; June 28, 2019, P.L.214, No.24, eff. 60 days)
Cross References.
Section 3104 is referred to in section 3018 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 31 - Sexual Offenses › Section 3105 - Prompt complaint

§ 3105. Prompt complaint.
Prompt reporting to public authority is not required in a prosecution under this chapter: Provided, however, That nothing in this section shall be construed to prohibit a defendant from introducing evidence of the complainant's failure to promptly report the crime if such evidence would be admissible pursuant to the rules of evidence.
(May 18, 1976, P.L.120, No.53, eff. 30 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days)
1995 Amendment.
Section 18 of Act 10, 1st Sp.Sess., provided that the amendment of section 3105 shall apply to offenses committed on or after the effective date of Act 10.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 31 - Sexual Offenses › Section 3106 - Testimony of complainants

§ 3106. Testimony of complainants.
The credibility of a complainant of an offense under this chapter shall be determined by the same standard as is the credibility of a complainant of any other crime. The testimony of a complainant need not be corroborated in prosecutions under this chapter. No instructions shall be given cautioning the jury to view the complainant's testimony in any other way than that in which all complainants' testimony is viewed.
(May 18, 1976, P.L.120, No.53, eff. 30 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days)
1995 Amendment.
Section 18 of Act 10, 1st Sp.Sess., provided that the amendment of section 3106 shall apply to offenses committed on or after the effective date of Act 10.
Prior Provisions.
Former section 3106, which related to the same subject matter, was added December 6, 1972 (P.L.1482, No.334), and repealed November 21, 1973 (P.L.339, No.115), effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 31 - Sexual Offenses › Section 3107 - Resistance not required

§ 3107. Resistance not required.
The alleged victim need not resist the actor in prosecutions under this chapter: Provided, however, That nothing in this section shall be construed to prohibit a defendant from introducing evidence that the alleged victim consented to the conduct in question.
(May 18, 1976, P.L.120, No.53, eff. 30 days)
1976 Amendment.
Act 53 added section 3107.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 31 - Sexual Offenses › Section 3122 - Statutory rape (Repealed)

§ 3122. Statutory rape (Repealed).
1995 Repeal.
Section 3122 was repealed March 31, 1995 (1st Sp.Sess., P.L.985, No.10), effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 31 - Sexual Offenses › Section 3122.1 - Statutory sexual assault

§ 3122.1. Statutory sexual assault.
(a) Felony of the second degree.--
Except as provided in section 3121 (relating to rape), a person commits a felony of the second degree when that person engages in sexual intercourse with a complainant to whom the person is not married who is under the age of 16 years and that person is either:
(1) four years older but less than eight years older than the complainant; or
(2) eight years older but less than 11 years older than the complainant.
(b) Felony of the first degree.--
A person commits a felony of the first degree when that person engages in sexual intercourse with a complainant under the age of 16 years and that person is 11 or more years older than the complainant and the complainant and the person are not married to each other.
(Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Dec. 20, 2011, P.L.446, No.111, eff. 60 days)
Cross References.
Section 3122.1 is referred to in sections 3124.2, 3124.3, 3125, 3141, 9122, 9158 of this title; sections 4321, 5329, 6303, 6344 of Title 23 (Domestic Relations); sections 5551, 5552, 6302, 9799.14, 9802 of Title 42 (Judiciary and Judicial Procedure); section 6139 of Title 61 (Prisons and Parole).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 31 - Sexual Offenses › Section 3124 - Voluntary deviate sexual intercourse (Repealed)

§ 3124. Voluntary deviate sexual intercourse (Repealed).
1995 Repeal.
Section 3124 was repealed March 31, 1995 (1st Sp.Sess., P.L.985, No.10), effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 31 - Sexual Offenses › Section 3124.1 - Sexual assault

§ 3124.1. Sexual assault.
Except as provided in section 3121 (relating to rape) or 3123 (relating to involuntary deviate sexual intercourse), a person commits a felony of the second degree when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant's consent.
(Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days)
1995 Amendment.
Act 10, 1st Sp.Sess., added section 3124.1. Section 18 of Act 10, 1st Sp.Sess., provided that section 3124.1 shall apply to offenses committed on or after the effective date of Act 10.
Cross References.
Section 3124.1 is referred to in sections 3124.2, 3124.3, 3125, 3141, 5702, 5708, 9122, 9158 of this title; sections 4321, 5329, 6303, 6304, 6344 of Title 23 (Domestic Relations); sections 5551, 5552, 6302, 6307, 6308, 6358, 6402, 6403, 9799.14, 9799.24, 9799.53, 9799.55, 9799.58 of Title 42 (Judiciary and Judicial Procedure); section 6139 of Title 61 (Prisons and Parole).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 31 - Sexual Offenses › Section 3124.3 - Sexual assault by sports official, volunteer or employee of nonprofit association

§ 3124.3. Sexual assault by sports official, volunteer or employee of nonprofit association.
(a) Sports official.--
Except as provided in sections 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse), 3124.1 (relating to sexual assault) and 3125 (relating to aggravated indecent assault), a person who serves as a sports official in a sports program of a nonprofit association or a for-profit association commits a felony of the third degree when that person engages in sexual intercourse, deviate sexual intercourse or indecent contact with a child under 18 years of age who is participating in a sports program of the nonprofit association or for-profit association.
(b) Volunteer or employee of nonprofit association.--
Except as provided in sections 3121, 3122.1, 3123, 3124.1 and 3125, a volunteer or an employee of a nonprofit association having direct contact with a child under 18 years of age who participates in a program or activity of the nonprofit association commits a felony of the third degree if the volunteer or employee engages in sexual intercourse, deviate sexual intercourse or indecent contact with that child.
(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:
"Direct contact."
Care, supervision, guidance or control.
"Nonprofit association."
As defined in 42 Pa.C.S. § 8332.1 (relating to manager, coach, umpire or referee and nonprofit association negligence standard).
"Sports official."
A person who supervises children participating in a sports program of a nonprofit association or a for-profit association, including, but not limited to, a coach, assistant coach, athletic trainer, team attendant, game manager, instructor or a person at a sports program who enforces the rules of a sporting event sponsored by a sports program of a nonprofit association or a for-profit association, including, but not limited to, an umpire or referee, whether receiving remuneration or holding the position as a volunteer.
"Sports program."
As defined in 42 Pa.C.S. § 8332.1.
(June 18, 2014, P.L.741, No.56, eff. 60 days)
2014 Amendment.
Act 56 added section 3124.3.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 31 - Sexual Offenses › Section 3125 - Aggravated indecent assault

§ 3125. Aggravated indecent assault.
(a) Offenses defined.--
Except as provided in sections 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse) and 3124.1 (relating to sexual assault), a person who engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person's body for any purpose other than good faith medical, hygienic or law enforcement procedures commits aggravated indecent assault if:
(1) the person does so without the complainant's consent;
(2) the person does so by forcible compulsion;
(3) the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
(4) the complainant is unconscious or the person knows that the complainant is unaware that the penetration is occurring;
(5) the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;
(6) the complainant suffers from a mental disability which renders him or her incapable of consent;
(7) the complainant is less than 13 years of age; or
(8) the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.
(b) Aggravated indecent assault of a child.--
A person commits aggravated indecent assault of a child when the person violates subsection (a)(1), (2), (3), (4), (5) or (6) and the complainant is less than 13 years of age.
(c) Grading and sentences.--
(1) An offense under subsection (a) is a felony of the second degree.
(2) An offense under subsection (b) is a felony of the first degree.
(Feb. 2, 1990, P.L.6, No.4, eff. 60 days; Mar. 31, 1995, 1st Sp.Sess., P.L.985, No.10, eff. 60 days; Dec. 9, 2002, P.L.1350, No.162, eff. 60 days; Dec. 16, 2002, P.L.1953, No.226, eff. 60 days)
2002 Amendments.
The amendments by Acts 162 and 226 are identical and therefore have been merged.
Prior Provisions.
Former section 3125, which related to corruption of minors, was added December 6, 1972 (P.L.1482, No.334), and repealed July 1, 1978 (P.L.573, No.104), effective in 60 days.
Cross References.
Section 3125 is referred to in sections 1111, 2714, 3124.2, 3124.3, 3141, 5702, 5708, 6105, 9122, 9123, 9158 of this title; sections 5329, 6303, 6304, 6344 of Title 23 (Domestic Relations); sections 5551, 5552, 6302, 6307, 6308, 6358, 6402, 6403, 9718, 9799.12, 9799.14, 9977.17, 9799.24, 9799.55, 9799.58 of Title 42 (Judiciary and Judicial Procedure); sections 6139, 7122 of Title 61 (Prisons and Parole).