2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3051 - Civil causes of action

§ 3051. Civil causes of action.
(a) General rule.--
(1) An individual who is a victim of human trafficking may bring a civil action against any person that participated in the human trafficking of the individual in the court of common pleas of the county where the individual resides or where any of the alleged violations of this chapter occurred.
(2) An individual who is a victim of the sex trade may bring a civil action in the court of common pleas of the county where the individual resides against a person that:
(i) recruits, profits from or maintains the victim in any sex trade act;
(ii) abuses or causes bodily harm to the victim in any sex trade act; and
(iii) knowingly advertises or publishes advertisements for purposes of recruitment into sex trade activity.
(b) Exception.--
This section shall not be construed to create liability for any person who provides goods or services to the general public and to a person who would be liable under subsection (a)(2), absent a showing that the person:
(1) knowingly markets or provides its goods or services to a person liable under subsection (a)(2);
(2) knowingly receives a higher level of compensation from a person liable under subsection (a)(2); or
(3) supervises or exercises control over a person liable under subsection (a)(2).
(c) Damages.--
The court may award any of the following forms of relief:
(1) Actual damages.
(2) Compensatory damages.
(3) Punitive damages.
(4) Injunctive relief.
(5) Any other appropriate relief.
(d) Attorney fees and costs.--
A prevailing plaintiff who is a victim of human trafficking shall be awarded reasonable attorney fees and costs.
(e) Treble damages.--
Treble damages shall be awarded to a victim of human trafficking on proof of actual damages where the defendant's acts were willful and malicious.
(f) Joinder of actions.--
In the discretion of the court:
(1) Two or more individuals may join in one action under this section as plaintiffs if their respective actions involve at least one defendant in common.
(2) Two or more persons may be joined in one action under this section as defendants if those persons may be liable to at least one plaintiff in common.
(g) Attempts at avoidance of liability.--
No person may avoid liability under this section by:
(1) a conveyance of any right, title or interest in real property; or
(2) an agreement, including an indemnification agreement or hold harmless agreement, that purports to show the consent of the victim of human trafficking.
(h) Statute of limitations.--
(1) An action may be brought under this section by an individual who was the victim of human trafficking while an adult within five years of the last act against that individual that constitutes an offense under this chapter.
(2) An action may be brought under this section by an individual who was a victim of human trafficking while a minor for any offense committed against the victim while the victim was under 18 years of age until that victim reaches 30 years of age.
(i) Estoppel.--
A defendant is estopped from asserting a defense of the statute of limitations when the expiration of the statute is due to intentional conduct by the defendant knowingly inducing or coercing the plaintiff to delay the filing of the action.
(j) Nondefenses.--
It shall not be a defense to an action under this section that the following occurred:
(1) The victim of the sex trade and the defendant had a consensual sexual relationship.
(2) The defendant is related to the victim of the sex trade by blood or marriage.
(3) The defendant has lived with the victim of the sex trade in any formal or informal household arrangement.
(4) The victim of the sex trade was paid or otherwise compensated for sex trade activity.
(5) The victim of the sex trade engaged in sex trade activity prior to any involvement with the defendant.
(6) The victim of the sex trade continued to engage in sex trade activity following any involvement with the defendant.
(7) The victim of the sex trade made no attempt to escape, flee or otherwise terminate the contact with the defendant.
(8) The victim of the sex trade consented to engage in sex trade activity.
(9) The victim of the sex trade engaged in only a single incident of sex trade activity.
(10) There was no physical contact involved in the sex trade activity.
(11) As a condition of employment, the defendant required the victim of the sex trade to agree not to engage in prostitution.
(12) The defendant's place of business was posted with signs prohibiting prostitution or prostitution-related activities.
(13) The victim of the sex trade has been convicted or charged with prostitution or prostitution-related offenses.
(14) The victim of labor trafficking made no attempt to escape, flee or otherwise terminate the contact with the defendant.
(k) Definitions.--
The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:
"Sex trade."
An act, which if proven beyond a reasonable doubt, could support a conviction for violation or attempted violation of Chapter 59 (relating to public indecency) or section 6312 (relating to sexual abuse of children).
"Victim of the sex trade."
An individual who has:
(1) been the object of a solicitation for prostitution;
(2) been the object of a transaction in a sex act;
(3) been intended or compelled to engage in an act of prostitution;
(4) been intended or compelled to engage in a sex act;
(5) been described or depicted in material that advertises an intent or compulsion to engage in sex acts; or
(6) in the case of obscenity or child pornography, has appeared in or been described or depicted in the offending conduct or material.