2023 Pennsylvania Consolidated & Unconsolidated Statutes › Act 39 - CRIMES CODE (18 PA.C.S.) AND DOMESTIC RELATIONS (23 PA.C.S.) - TRAFFICKING IN INDIVIDUALS, PATRONIZING A VICTIM OF SEXUAL SERVITUDE, UNLAWFUL CONTACT WITH MINOR AND PERSONS ELIGIBLE TO APPLY

Session of 2023
No. 2023-39
SB 44
AN ACT
Amending Titles 18 (Crimes and Offenses) and 23 (Domestic Relations) of the Pennsylvania
            Consolidated Statutes, in human trafficking, further providing for definitions, for
            the offense of trafficking in individuals and for the offense of patronizing a victim
            of sexual servitude; in minors, further providing for unlawful contact with minor;
            and, in domestic and sexual violence victim address confidentiality, further providing
            for definitions and for persons eligible to apply.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.  The definitions of "sexual servitude" and "victim of human trafficking" or "victim"
            in section 3001 of Title 18 of the Pennsylvania Consolidated Statutes are amended
            and the section is amended by adding a definition to read:
§ 3001.  Definitions.
The following words and phrases when used in this chapter shall have the meanings
            given to them in this section unless the context clearly indicates otherwise:
"Commercial sex act."  A sex act for which anything of value is given to or received by a person.
* * *
"Sexual servitude."  [Any sex act or performance involving a sex act for which anything of value is directly
            or indirectly given, promised to or received by any individual or]
A
commercial sex act or a sex act
which is performed or provided by any individual and is induced or obtained from:
(1)  A minor.
(2)  Any other individual by any of the means set forth in section 3012(b).
* * *
"Victim of human trafficking" or "victim."  An individual who has been subjected to human trafficking.
The term includes
a
victim
of an offense under this chapter.
Section 2.  Section 3011(a)(1) of Title 18 is amended to read:
§ 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;
* * *
Section 3.  Section 3013(a) of Title 18 is amended by adding a paragraph to read:
§ 3013.  Patronizing a victim of sexual servitude.
(a)  Offense defined.--
* * *
(3)  A person commits an offense if the person engages in a sex act or performance with
            an individual who is under 18 years of age, causing the individual to engage in a
            commercial sex act and with reckless disregard for whether the act or performance
            is the result of the individual being a victim of human trafficking. An offense under
            this paragraph constitutes:
(i)  A felony of the second degree when the offense is a first offense.
(ii)  A felony of the first degree when the offense is a second or subsequent offense.
* * *
Section 4.  Section 6318(a) introductory paragraph of Title 18 is amended to read:
§ 6318.  Unlawful contact with minor.
(a)  Offense defined.--A person commits an offense if [he]
the person
is intentionally in contact with a minor, or a law enforcement officer acting in
            the performance of [his] duties who has assumed the identity of a minor
or of another individual
having direct contact with children, as defined under 23 Pa.C.S.
§ 6303(a) (relating to definitions)
, for the purpose of engaging in an activity prohibited under any of the following,
            and either the person initiating the contact or the person being contacted is within
            this Commonwealth:
* * *
Section 5.  The definition of "victim of human trafficking" in section 6702 of Title 23 is amended
            to read:
§ 6702.  Definitions.
The following words and phrases when used in this chapter shall have the meanings
            given to them in this section unless the context clearly indicates otherwise:
* * *
"Victim of human trafficking."  [A victim of an offense enumerated in either 18 Pa.C.S. § 3011 (relating to trafficking
            in individuals) or 3012 (relating to involuntary servitude).]
As
defined in 18 Pa.C.S. § 3001 (relating to definitions).
* * *
Section 6.  Section 6704(7) of Title 23 is amended to read:
§ 6704.  Persons eligible to apply.
The following persons shall be eligible to apply to become program participants:
* * *
(7)  A victim of human trafficking who files an affidavit with the Office of Victim Advocate
            describing the perpetrator's course of conduct or repeated actions toward the affiant
            meeting the criteria enumerated in [either] 18 Pa.C.S. § 3011 (relating to trafficking
            in individuals) [or]
,
3012 (relating to involuntary servitude)
or 3013 (relating to
patronizing a victim of sexual servitude)
and further stating that the affiant fears future violent acts by the perpetrator
            of the human trafficking.
Section 7.  This act shall take effect in 60 days.
APPROVED--The 14th day of December, A.D. 2023.
JOSH SHAPIRO