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PRIOR PRINTER'S NOS. 1512, 1627, 1759, 1761 PRINTER'S NO. 1791 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No. 45 Session of 2026 INTRODUCED BY DUSH, COLLETT, PHILLIPS-HILL, MASTRIANO, PENNYCUICK, STEFANO, HUTCHINSON, J. WARD, VOGEL, FLYNN AND BROOKS, MARCH 18, 2026 AS AMENDED ON THIRD CONSIDERATION, JUNE 8, 2026 AN ACT Amending Titles 18 (Crimes and Offenses), 23 (Domestic Relations), 42 (Judiciary and Judicial Procedure), 44 (Law and Justice), 61 (Prisons and Parole) and 63 (Professions and Occupations (State Licensed)) of the Pennsylvania Consolidated Statutes, in human trafficking, further providing for definitions, providing for the offense of promoting prostitution, for the offense of living off of prostituted persons and for the offense of patronizing prostitution and further providing for grants; in public indecency, further providing for prostitution and related offenses; establishing the Prevention of Human Trafficking Restricted Account; in child protective services, further providing for definitions; in sentencing, further providing for sexual offenses and tier system; in DNA data and testing, further providing for definitions; in interstate compacts, further providing for supervision of persons paroled by other states; and, in powers and duties relating to the Bureau of Professional and Occupational Affairs, further providing for consideration of criminal convictions. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Section 3001 of Title 18 of the Pennsylvania Consolidated Statutes is amended by adding a definition DEFINITIONS 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: * * * "Prostituted person" or "person in prostitution." An individual who engages in prostitution. "PROSTITUTION." ENGAGING IN SEXUAL ACTIVITY FOR MONEY OR ANYTHING OF VALUE. * * * "SEXUAL ACTIVITY." AS DEFINED IN SECTION 5902(F) (RELATING TO PROSTITUTION). * * * Section 2. Title 18 is amended by adding sections to read: § 3027. Promoting prostitution. (a) Offense defined.--A person who knowingly promotes prostitution of another commits a misdemeanor or felony as provided under subsection (c). The following acts shall constitute promoting prostitution: (1) owning, controlling, managing, supervising or otherwise keeping, alone or in association with others , a house of prostitution or a prostitution business; (2) procuring a person in prostitution; (RESERVED); (3) encouraging, inducing or otherwise intentionally causing another to become or remain a person in prostitution ; (4) except for a prostituted person or the prostituted person's minor child or other legal dependent incapable of self-support, knowingly being supported in whole or substantial part by the proceeds of prostitution; (5) soliciting a person to patronize a person in prostitution ; (6) procuring a person in prostitution for a patron; (7) transporting an individual into or within this Commonwealth with intent to promote the engaging in prostitution by that individual, or procuring or paying for transportation with that intent; (8) leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or the promotion of prostitution, or failure to make reasonable effort to abate the use by ejecting the tenant, notifying law enforcement authorities or other legally available means; or (9) soliciting, receiving or agreeing to receive any benefit for doing or agreeing to do anything forbidden by this subsection. (b) Promoting prostitution of minor.--A person is guilty of an offense if the person knowingly promotes prostitution of a minor. The following acts shall constitute promoting prostitution of a minor: (1) owning, controlling, managing, supervising or otherwise keeping, alone or in association with others, a house of prostitution or a prostitution business in which a victim is a minor; (2) procuring a person in prostitution who is a minor; (3) encouraging, inducing or otherwise intentionally causing a minor to become or remain a person in prostitution ; (4) soliciting a minor to patronize a person in prostitution ; (5) procuring a person in prostitution who is a minor for a patron; (6) transporting a minor into or within this Commonwealth with intent to promote the engaging in prostitution by that minor, or procuring or paying for transportation with that intent; (7) leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution of a minor or the promotion of prostitution of a minor, or failure to make reasonable effort to abate the use by ejecting the tenant, notifying law enforcement authorities or other legally available means; or (8) soliciting, receiving or agreeing to receive any benefit for doing or agreeing to do anything forbidden by this subsection. (c) Grading.-- (1) The following apply to offenses committed under subsection (a): (i) An offense constitutes a felony of the third degree if: (A) the offense falls under subsection (a)(1), (2), (3) or (4); (B) the actor compels another to engage in or promote prostitution; (C) the actor promotes prostitution of the person's spouse, child, ward or any person for whose care, protection or support the person is responsible; or (D) the actor commits a third or subsequent offense under subsection (a)(5), (6), (7), (8) or (9). (ii) An offense constitutes a misdemeanor of the second degree if the offense is a first offense under subsection (a)(5), (6), (7), (8) or (9). (iii) An offense constitutes a misdemeanor of the first degree if the offense is a second offense under subsection (a)(5), (6), (7), (8) or (9). (2) An offense committed under subsection (b) constitutes a felony of the first degree. (3) If an offense under subsection (a) or (b) is not provided for under paragraph (1) or (2), the offense shall be a misdemeanor of the second degree. § 3028. Patronizing prostitution. (a) Offense defined.--A person commits the offense of patronizing prostitution if that person hires a person in prostitution or any other person to engage in sexual activity with him or her. (b) Grading.-- An offense under subsection (a) constitutes a: (1) Misdemeanor of the third degree when the offense is a first offense. (2) Misdemeanor of the first degree when the offense is a second offense. (3) Felony of the third degree when the offense is a third or subsequent offense. (c) Fines.--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 in accordance with subsection (d): (1) Except as otherwise provided in paragraph (2): (i) Not less than $2,500 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 and not more than $25,000. (iii) A person convicted of a third or subsequent offense shall pay a fine of not less than $10,000 and not more than $50,000. (2) Not less than $10,000 and not more than $50,000 if the victim of sexual servitude was a minor at the time of the offense. (d) Distribution of fines.--For the purposes of funding grant programs to provide services to victims, from fines collected under subsection (c): (1) Fifty percent shall be deposited into the Safe Harbor for Sexually Exploited Children Fund established under section 3064 (relating to Safe Harbor for Sexually Exploited Children Fund). (2) Fifty percent shall be deposited into the Prevention of Human Trafficking Restricted Account that is established within the General Fund. (e) Definition.--As used in this section, the term "sexual activity" shall mean the same as defined under section 5902(f) (relating to prostitution) . Section 3. Sections 3031 and 5902 of Title 18 are amended to read: § 3031. Grants. (a) Awarding of grants.--Subject to the availability of [funds] money, the commission shall make grants to State agencies, units of local government and nongovernmental organizations to: (1) Develop, expand or strengthen programs for victims of human trafficking. Such programs may include: (i) Health services, including mental health services. (ii) Temporary and permanent housing placement. (iii) Legal and immigration services. (iv) Employment placement, education and training. (2) Ensure prevention of human trafficking, including increasing public awareness. (3) Ensure protection of victims of human trafficking, including training of first responders. (b) Annual report.--The commission shall compile and annually post a report on the commission's publicly accessible Internet website. Contents of the report shall include the amount of money that was spent by the commission on grants under this section and to which organizations the grants were awarded. § 5902. Prostitution [and related offenses]. (a) Prostitution.--[A person] An adult is guilty of prostitution if he or she: (1) [is an inmate of a house of prostitution or otherwise] engages in sexual activity as a business] exchanges sexual activity for money or something of value ; or (2) loiters in or within view of any public place for the purpose of being hired to engage in sexual activity. (a.1) Grading of offenses under subsection (a).--An offense under subsection (a) constitutes a[: (1) Misdemeanor] misdemeanor of the third degree [when the offense is a first or second offense]. [(2) Misdemeanor of the second degree when the offense is a third offense. (3) Misdemeanor of the first degree when the offense is a fourth or subsequent offense. (4) Felony of the third degree if the person who committed the offense knew that he or she was human immunodeficiency virus (HIV) positive or manifesting acquired immune deficiency syndrome (AIDS). (b) Promoting prostitution.--A person who knowingly promotes prostitution of another commits a misdemeanor or felony as provided in subsection (c) of this section. The following acts shall, without limitation of the foregoing, constitute promoting prostitution: (1) owning, controlling, managing, supervising or otherwise keeping, alone or in association with others, a house of prostitution or a prostitution business; (2) procuring an inmate for a house of prostitution or a place in a house of prostitution for one who would be an inmate; (3) encouraging, inducing, or otherwise intentionally causing another to become or remain a prostitute; (4) soliciting a person to patronize a prostitute; (5) procuring a prostitute for a patron; (6) transporting a person into or within this Commonwealth with intent to promote the engaging in prostitution by that person, or procuring or paying for transportation with that intent; (7) leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or the promotion of prostitution, or failure to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means; or (8) soliciting, receiving, or agreeing to receive any benefit for doing or agreeing to do anything forbidden by this subsection. (b.1) Promoting prostitution of minor.--A person who knowingly promotes prostitution of a minor commits a felony of the third degree. The following acts shall, without limitation of the foregoing, constitute promoting prostitution of a minor: (1) owning, controlling, managing, supervising or otherwise keeping, alone or in association with others, a house of prostitution or a prostitution business in which a victim is a minor; (2) procuring an inmate who is a minor for a house of prostitution or a place in a house of prostitution where a minor would be an inmate; (3) encouraging, inducing or otherwise intentionally causing a minor to become or remain a prostitute; (4) soliciting a minor to patronize a prostitute; (5) procuring a prostitute who is a minor for a patron; (6) transporting a minor into or within this Commonwealth with intent to promote the engaging in prostitution by that minor, or procuring or paying for transportation with that intent; (7) leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution of a minor or the promotion of prostitution of a minor, or failure to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities or other legally available means; or (8) soliciting, receiving or agreeing to receive any benefit for doing or agreeing to do anything forbidden by this subsection. (c) Grading of offenses under subsection (b).-- (1) An offense under subsection (b) constitutes a felony of the third degree if: (i) the offense falls within paragraphs (b)(1), (b) (2) or (b)(3); (ii) the actor compels another to engage in or promote prostitution; (iv) the actor promotes prostitution of his spouse, child, ward or any person for whose care, protection or support he is responsible; or (v) the person knowingly promoted prostitution of another who was HIV positive or infected with the AIDS virus. (2) Otherwise the offense is a misdemeanor of the second degree. (d) Living off prostitutes.--A person, other than the prostitute or the prostitute's minor child or other legal dependent incapable of self-support, who is knowingly supported in whole or substantial part by the proceeds of prostitution is promoting prostitution in violation of subsection (b) of this section. (e) Patronizing prostitutes.--A person commits the offense of patronizing prostitutes if that person hires a prostitute or any other person to engage in sexual activity with him or her or if that person enters or remains in a house of prostitution for the purpose of engaging in sexual activity. (e.1) Grading of offenses under subsection (e).--An offense under subsection (e) constitutes a: (1) Misdemeanor of the third degree when the offense is a first or second offense. (2) Misdemeanor of the second degree when the offense is a third offense. (3) Misdemeanor of the first degree when the offense is a fourth or subsequent offense. (4) Felony of the third degree if the person who committed the offense knew that he or she was human immunodeficiency virus (HIV) positive or manifesting acquired immune deficiency syndrome (AIDS). (e.2) Publication of sentencing order.--A court imposing a sentence for a second or subsequent offense committed under subsection (e) shall publish the sentencing order in a newspaper of general circulation in the judicial district in which the court sits, and the court costs imposed on the person sentenced shall include the cost of publishing the sentencing order.] (f) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection: ["House of prostitution." Any place where prostitution or promotion of prostitution is regularly carried on by one person under the control, management or supervision of another. "Inmate." A person who engages in prostitution in or through the agency of a house of prostitution.] "Minor." An individual under 18 years of age. "Public place." Any place to which the public or any substantial group thereof has access. "Sexual activity." Includes sexual intercourse and deviate sexual intercourse, as those terms are defined in section 3101 (relating to definitions), and any touching on the sexual or other intimate parts of an individual for the purpose of gratifying sexual desire of either person. Section 4. The definition of "sexual abuse or exploitation" in section 6303(a) of Title 23 is amended to read: § 6303. Definitions. (a) General rule.--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: * * * "Sexual abuse or exploitation." Any of the following: (1) The employment, use, persuasion, inducement, enticement or coercion of a child to engage in or assist another individual to engage in sexually explicit conduct, which includes, but is not limited to, the following: (i) Looking at the sexual or other intimate parts of a child or another individual for the purpose of arousing or gratifying sexual desire in any individual. (ii) Participating in sexually explicit conversation either in person, by telephone, by computer or by a computer-aided device for the purpose of sexual stimulation or gratification of any individual. (iii) Actual or simulated sexual activity or nudity for the purpose of sexual stimulation or gratification of any individual. (iv) Actual or simulated sexual activity for the purpose of producing visual depiction, including photographing, videotaping, computer depicting or filming. This paragraph does not include consensual activities between a child who is 14 years of age or older and another person who is 14 years of age or older and whose age is within four years of the child's age. (2) Any of the following offenses committed against a child: (i) Rape as defined in 18 Pa.C.S. § 3121 (relating to rape). (ii) Statutory sexual assault as defined in 18 Pa.C.S. § 3122.1 (relating to statutory sexual assault). (iii) Involuntary deviate sexual intercourse as defined in 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse). (iv) Sexual assault as defined in 18 Pa.C.S. § 3124.1 (relating to sexual assault). (v) Institutional sexual assault as defined in 18 Pa.C.S. § 3124.2 (relating to institutional sexual assault). (vi) Aggravated indecent assault as defined in 18 Pa.C.S. § 3125 (relating to aggravated indecent assault). (vii) Indecent assault as defined in 18 Pa.C.S. § 3126 (relating to indecent assault). (viii) Indecent exposure as defined in 18 Pa.C.S. § 3127 (relating to indecent exposure). (ix) Incest as defined in 18 Pa.C.S. § 4302 (relating to incest). (x) [Prostitution as defined in 18 Pa.C.S. § 5902 (relating to prostitution and related offenses)] Promoting prostitution as defined in 18 Pa.C.S. § 3027 (relating to promoting prostitution). (xi) Sexual abuse as defined in 18 Pa.C.S. § 6312 (relating to sexual abuse of children). (xii) Unlawful contact with a minor as defined in 18 Pa.C.S. § 6318 (relating to unlawful contact with minor). (xiii) Sexual exploitation as defined in 18 Pa.C.S. § 6320 (relating to sexual exploitation of children). * * * Section 5. Section 9799.14(c)(2) of Title 42 is amended to read: § 9799.14. Sexual offenses and tier system. * * * (c) Tier II sexual offenses.--The following offenses, or an attempt, conspiracy or solicitation to commit any of the following offenses, shall be classified as Tier II sexual offenses: * * * (2) 18 Pa.C.S. § [5902(b.1) (relating to prostitution and related offenses)] 3027(b) (relating to promoting prostitution). * * * Section 6. The definition of "felony sex offense" in section 2303 of Title 44 is amended to read: § 2303. 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: * * * "Felony sex offense." A felony offense or an attempt, conspiracy or solicitation to commit a felony offense under any of the following: 18 Pa.C.S. Ch. 31 (relating to sexual offenses). 18 Pa.C.S. § 4302 (relating to incest). 18 Pa.C.S. § [5902(c)(1)(iv) (relating to prostitution and related offenses)] 3027 (relating to promoting prostitution). 18 Pa.C.S. § 5903(a) (relating to obscene and other sexual materials and performances) where the offense constitutes a felony. Any offense graded as a felony requiring registration under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders). * * * Section 7. The definition of "sexual offense" in section 7122(e) of Title 61 is amended to read: § 7122. Supervision of persons paroled by other states. * * * (e) Definitions.--As used in this section, the following words and phrases shall have the meaning given to them in this subsection unless the context clearly indicates otherwise: * * * "Sexual offense." (1) Any of the following offenses or an equivalent offense that is classified as a felony and involves a victim who is a minor: 18 Pa.C.S. § 2901 (relating to kidnapping). 18 Pa.C.S. § [5902(a) (relating to prostitution and related offenses)] 3027 (relating to promoting prostitution). 18 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to obscene and other sexual materials and performances). (2) Any of the following offenses or an equivalent offense that is classified as a felony and involves a victim who is younger than 13 years of age: 18 Pa.C.S. § 3126 (relating to indecent assault). (3) Any of the following offenses or an equivalent offense, regardless of the victim's age: 18 Pa.C.S. § 3121 (relating to rape). 18 Pa.C.S. § 3123 (relating to involuntary deviate sexual intercourse). 18 Pa.C.S. § 3125 (relating to aggravated indecent assault). * * * Section 8. The definition of "sexual offense" in section 3113(i) of Title 63 is amended to read: § 3113. Consideration of criminal convictions. * * * (i) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: * * * "Sexual offense." An act, conspiracy or solicitation to commit any of the following offenses or an equivalent crime in another jurisdiction: (1) 18 Pa.C.S. § 2910 (relating to luring a child into a motor vehicle or structure). (2) Any of the offenses enumerated in 18 Pa.C.S. Ch. 30 (relating to human trafficking) if the offense involved sexual servitude or an offense under 18 Pa.C.S. § 3027 (relating to promoting prostitution). (3) Any of the offenses enumerated in 18 Pa.C.S. Ch. 31 (relating to sexual offenses). (4) 18 Pa.C.S. § 4302 (relating to incest). (5) 18 Pa.C.S. § 4304(a)(1) (relating to endangering welfare of children) if the offense involved sexual contact with the victim. (6) 18 Pa.C.S. § 5901 (relating to open lewdness) if the offense involved a minor under 18 years of age. [(7) 18 Pa.C.S. § 5902(b) or (b.1) (relating to prostitution and related offenses).] (8) 18 Pa.C.S. § 5903 (relating to obscene and other sexual materials and performances) if the offense involved a minor under 18 years of age. (9) 18 Pa.C.S. § 6301(a)(1)(i) (relating to corruption of minors) if the offense involved sexual contact with the victim. (10) 18 Pa.C.S. § 6301(a)(1)(ii). (11) 18 Pa.C.S. § 6312 (relating to sexual abuse of children). (12) 18 Pa.C.S. § 6318 (relating to unlawful contact with minor). (13) 18 Pa.C.S. § 6320 (relating to sexual exploitation of children). (14) 18 Pa.C.S. § 7507.1 (relating to invasion of privacy). Section 9. This act shall take effect in 60 days.
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