(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. ยง 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.
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