PRINTER'SS0044B0850A01497 NAD:EJH 06/26/23 #90 A01497 AMENDMENTS TO SENATE BILL NO.

85044 THESponsor: GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

44SENATOR 2023BAKER INTRODUCEDPrinter's BYNo. DUSH, COLLETT, PHILLIPS-HILL, ROTHMAN, COSTA, BARTOLOTTA, CAPPELLETTI, HUGHES, STEFANO AND AUMENT, JUNE 6, 2023 REFERRED TO JUDICIARY, JUNE 6, 2023 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 providing for unlawful contact with minor;

and,850 Amend Bill, page 2, lines 12 through 16, by striking out "any" in domesticrline 12 and sexualall violenceof victimlines address13 confidentiality,through further16 providingand forinserting definitionsa andvictim forof personsan eligibleoffense tounder apply.this chapter.

The2023/90NAD/SB0044A01497 General- Assembly1 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 any of the following:

(1) A victim of the offense under section 3011.

(2) A victim of the offense under section 3012.

(3) A victim of the offense under section 3013.

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.-- 20230SB0044PN0850 - 2 - * * * (3) A person commits an offense if the person patronizes an individual who is under 18 years of age, causing the individual to engage in a commercial sex act.

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.