(a) Offense defined.--
(1) A person commits a felony of the first degree if the person engages in any sex act or performance with another individual knowing that the act or performance is the result of the individual being a victim of human trafficking.
(2) A person commits an offense if the person engages in any sex act or performance with another individual 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 third degree when the offense is a first offense.
(ii) A felony of the first degree when the offense is a second or subsequent offense.
(b) Investigation.--An individual arrested for a violation of section 5902(e) (relating to prostitution and related offenses) may be formally detained and questioned by law enforcement personnel to determine if the individual engaged in any sex act or performance with the alleged prostitute knowing that the individual is a victim of human trafficking.
(c) Fine.--A person whose violation of this section results in a judicial disposition other than acquittal or dismissal shall also pay a fine in one of the following amounts to the court, to be distributed to the commission to fund the grant program established under section 3031 (relating to grants):
(1) Except as otherwise provided in paragraph (2):
(i) Not less than $1,000 and not more than the maximum amount applicable under section 1101 (relating to fines).
(ii) A person convicted of a second offense shall pay a fine of not less than $5,000 nor more than $25,000.
(iii) A person convicted of a third or subsequent offense shall pay a fine of not less than $10,000 nor more than $50,000.
(2) Not less than $10,000 nor more than $50,000, if the victim of sexual servitude was a minor at the time of the offense.
(d) Distribution of fines.--
(1) From all fines collected under this section, 50% shall be deposited in the Safe Harbor for Sexually Exploited Children Fund established under section 3064 (relating to Safe Harbor for Sexually Exploited Children Fund) and 50% shall be deposited in the restricted account established in paragraph (2).
(2) The Prevention of Human Trafficking Restricted Account is established in the General Fund. The money in the restricted account is appropriated on a continuing basis to the commission for the purpose of funding the grant programs under section 3031.
(Feb. 5, 2020, P.L.1, No.1, eff. 60 days)
2020 Amendment. Act 1 amended subsecs. (a) and (c) and added subsec. (d).
Cross References. Section 3013 is referred to in sections 3021, 3064 of this title; section 9799.14 of Title 42 (Judiciary and Judicial Procedure).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 18 - CRIMES AND OFFENSES
Chapter 30 - Human Trafficking
Section 3011 - Trafficking in individuals
Section 3012 - Involuntary servitude
Section 3013 - Patronizing a victim of sexual servitude
Section 3014 - Unlawful conduct regarding documents
Section 3015 - Nonpayment of wages
Section 3016 - Obstruction of justice
Section 3017 - Violation by business entities
Section 3018 - Evidence and defenses to human trafficking
Section 3019 - Victim protection during prosecution
Section 3021 - Asset forfeiture
Section 3022 - Professional licenses
Section 3023 - Cumulative remedies
Section 3025 - Data collection
Section 3026 - Concurrent jurisdiction
Section 3051 - Civil causes of action
Section 3052 - Protection of victims
Section 3053 - Appropriate implementation for minor victims of human trafficking (Repealed)
Section 3055 - Victims in shelters
Section 3056 - Special relief to restore victim's dignity and autonomy
Section 3061 - Statewide protocol
Section 3062 - Specialized services for sexually exploited children
Section 3063 - Law enforcement training
Section 3064 - Safe Harbor for Sexually Exploited Children Fund