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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.
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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 ;
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(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
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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
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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
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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:
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(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.
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(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
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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
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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
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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
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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
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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
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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
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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:
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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
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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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