SB 45

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
1 Amending Titles 18 (Crimes and Offenses), 23 (Domestic
2    Relations), 42 (Judiciary and Judicial Procedure), 44 (Law
3    and Justice), 61 (Prisons and Parole) and 63 (Professions and
4    Occupations (State Licensed)) of the Pennsylvania
5    Consolidated Statutes, in human trafficking, further
6    providing for definitions, providing for the offense of
7    promoting prostitution, for the offense of living off of
8    prostituted persons and for the offense of patronizing
9    prostitution and further providing for grants; in public
10    indecency, further providing for prostitution and related
11    offenses; establishing the Prevention of Human Trafficking
12    Restricted Account; in child protective services, further
13    providing for definitions; in sentencing, further providing
14    for sexual offenses and tier system; in DNA data and testing,
15    further providing for definitions; in interstate compacts,
16    further providing for supervision of persons paroled by other
17    states; and, in powers and duties relating to the Bureau of
18    Professional and Occupational Affairs, further providing for
19    consideration of criminal convictions.
20    The General Assembly of the Commonwealth of Pennsylvania
21 hereby enacts as follows:
22    Section 1.    Section 3001 of Title 18 of the Pennsylvania
23 Consolidated Statutes is amended by adding a definition  <--
24 DEFINITIONS to read:  <--
25 § 3001.   Definitions.
1    The following words and phrases when used in this chapter
2 shall have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4    * * *
5    "Prostituted person" or "person in prostitution."     An
6 individual who engages in prostitution.
7    "PROSTITUTION."     ENGAGING IN SEXUAL ACTIVITY FOR MONEY OR      <--
8 ANYTHING OF VALUE.
9    * * *
10    "SEXUAL ACTIVITY."     AS DEFINED IN SECTION 5902(F) (RELATING
11 TO PROSTITUTION).
12    * * *
13    Section 2.     Title 18 is amended by adding sections to read:
14 § 3027.    Promoting prostitution.
15    (a)    Offense defined.--A person who knowingly promotes
16 prostitution of another commits a misdemeanor or felony as
17 provided under subsection (c). The following acts shall
18 constitute promoting prostitution:
19(1)   owning, controlling, managing, supervising or
20    otherwise keeping, alone or in association with others, a  <--
21    house of prostitution or a prostitution business;
22(2)   procuring a person in prostitution; (RESERVED);      <--
23(3)   encouraging, inducing or otherwise intentionally
24    causing another to become or remain a person in prostitution;
25(4)   except for a prostituted person or the prostituted
26    person's minor child or other legal dependent incapable of
27    self-support, knowingly being supported in whole or
28    substantial part by the proceeds of prostitution;
29(5)   soliciting a person to patronize a person in
30    prostitution;
20260SB0045PN1791  - 2 -
1(6)   procuring a person in prostitution for a patron;
2(7)   transporting an individual into or within this
3    Commonwealth with intent to promote the engaging in
4    prostitution by that individual, or procuring or paying for
5    transportation with that intent;
6(8)   leasing or otherwise permitting a place controlled
7    by the actor, alone or in association with others, to be
8    regularly used for prostitution or the promotion of
9    prostitution, or failure to make reasonable effort to abate
10    the use by ejecting the tenant, notifying law enforcement
11    authorities or other legally available means; or
12(9)   soliciting, receiving or agreeing to receive any
13    benefit for doing or agreeing to do anything forbidden by
14    this subsection.
15    (b)   Promoting prostitution of minor.--A person is guilty of
16 an offense if the person knowingly promotes prostitution of a
17 minor. The following acts shall constitute promoting
18 prostitution of a minor:
19(1)   owning, controlling, managing, supervising or
20    otherwise keeping, alone or in association with others, a
21    house of prostitution or a prostitution business in which a
22    victim is a minor;
23(2)   procuring a person in prostitution who is a minor;
24(3)   encouraging, inducing or otherwise intentionally
25    causing a minor to become or remain a person in prostitution;
26(4)   soliciting a minor to patronize a person in
27    prostitution;
28(5)   procuring a person in prostitution who is a minor
29    for a patron;
30(6)   transporting a minor into or within this
20260SB0045PN1791  - 3 -
1  Commonwealth with intent to promote the engaging in
2  prostitution by that minor, or procuring or paying for
3  transportation with that intent;
4(7)   leasing or otherwise permitting a place controlled
5  by the actor, alone or in association with others, to be
6  regularly used for prostitution of a minor or the promotion
7  of prostitution of a minor, or failure to make reasonable
8  effort to abate the use by ejecting the tenant, notifying law
9  enforcement authorities or other legally available means; or
10(8)   soliciting, receiving or agreeing to receive any
11  benefit for doing or agreeing to do anything forbidden by
12  this subsection.
13  (c)   Grading.--
14(1)   The following apply to offenses committed under
15  subsection (a):
16(i)    An offense constitutes a felony of the third
17degree if:
18(A)   the offense falls under subsection (a)(1),
19(2), (3) or (4);  <--
20(B)   the actor compels another to engage in or
21promote prostitution;
22(C)   the actor promotes prostitution of the
23person's spouse, child, ward or any person for whose
24care, protection or support the person is
25responsible; or
26(D)   the actor commits a third or subsequent
27offense under subsection (a)(5), (6), (7), (8) or
28(9).
29(ii)    An offense constitutes a misdemeanor of the
30second degree if the offense is a first offense under
20260SB0045PN1791  - 4 -
1subsection (a)(5), (6), (7), (8) or (9).
2(iii)    An offense constitutes a misdemeanor of the
3first degree if the offense is a second offense under
4subsection (a)(5), (6), (7), (8) or (9).
5(2)   An offense committed under subsection (b)
6    constitutes a felony of the first degree.
7(3)   If an offense under subsection (a) or (b) is not
8    provided for under paragraph (1) or (2), the offense shall be
9    a misdemeanor of the second degree.
10 § 3028.    Patronizing prostitution.
11    (a)    Offense defined.--A person commits the offense of
12 patronizing prostitution if that person hires a person in
13 prostitution or any other person to engage in sexual activity
14 with him or her.
15    (b)    Grading.--An offense under subsection (a) constitutes a:
16(1)   Misdemeanor of the third degree when the offense is
17    a first offense.
18(2)   Misdemeanor of the first degree when the offense is
19    a second offense.
20(3)   Felony of the third degree when the offense is a
21    third or subsequent offense.
22    (c)    Fines.--A person whose violation of this section results
23 in a judicial disposition other than acquittal or dismissal
24 shall also pay a fine in one of the following amounts to the
25 court, to be distributed in accordance with subsection (d):
26(1)   Except as otherwise provided in paragraph (2):
27(i)     Not less than $2,500 and not more than the
28maximum amount applicable under section 1101 (relating to
29fines).
30(ii)     A person convicted of a second offense shall
20260SB0045PN1791  - 5 -
1pay a fine of not less than $5,000 and not more than
2$25,000.
3(iii)   A person convicted of a third or subsequent
4offense shall pay a fine of not less than $10,000 and not
5more than $50,000.
6(2)   Not less than $10,000 and not more than $50,000 if
7    the victim of sexual servitude was a minor at the time of the
8    offense.
9    (d)    Distribution of fines.--For the purposes of funding
10 grant programs to provide services to victims, from fines
11 collected under subsection (c):
12(1)   Fifty percent shall be deposited into the Safe
13    Harbor for Sexually Exploited Children Fund established under
14    section 3064 (relating to Safe Harbor for Sexually Exploited
15    Children Fund).
16(2)   Fifty percent shall be deposited into the Prevention
17    of Human Trafficking Restricted Account that is established
18    within the General Fund.
19    (e)    Definition.--As used in this section, the term "sexual       <--
20 activity" shall mean the same as defined under section 5902(f)
21 (relating to prostitution).
22    Section 3.      Sections 3031 and 5902 of Title 18 are amended to
23 read:
24 § 3031.    Grants.
25    (a)    Awarding of grants.--Subject to the availability of
26 [funds] money, the commission shall make grants to State
27 agencies, units of local government and nongovernmental
28 organizations to:
29(1)   Develop, expand or strengthen programs for victims
30    of human trafficking. Such programs may include:
20260SB0045PN1791  - 6 -
1(i)    Health services, including mental health
2services.
3(ii)    Temporary and permanent housing placement.
4(iii)    Legal and immigration services.
5(iv)    Employment placement, education and training.
6(2)    Ensure prevention of human trafficking, including
7    increasing public awareness.
8(3)    Ensure protection of victims of human trafficking,
9    including training of first responders.
10    (b)    Annual report.--The commission shall compile and
11 annually post a report on the commission's publicly accessible
12 Internet website. Contents of the report shall include the
13 amount of money that was spent by the commission on grants under
14 this section and to which organizations the grants were awarded.
15 § 5902.    Prostitution [and related offenses].
16    (a)    Prostitution.--[A person] An adult is guilty of
17 prostitution if he or she:
18(1)    [is an inmate of a house of prostitution or
19    otherwise] engages in sexual activity as a business]  <--
20    exchanges sexual activity for money or something of value; or
21(2)    loiters in or within view of any public place for
22    the purpose of being hired to engage in sexual activity.
23    (a.1)    Grading of offenses under subsection (a).--An offense
24 under subsection (a) constitutes a[:
25(1)    Misdemeanor] misdemeanor of the third degree [when
26    the offense is a first or second offense].
27[(2)    Misdemeanor of the second degree when the offense
28    is a third offense.
29(3)    Misdemeanor of the first degree when the offense is
30    a fourth or subsequent offense.
20260SB0045PN1791  - 7 -
1(4)   Felony of the third degree if the person who
2    committed the offense knew that he or she was human
3    immunodeficiency virus (HIV) positive or manifesting acquired
4    immune deficiency syndrome (AIDS).
5    (b)   Promoting prostitution.--A person who knowingly promotes
6 prostitution of another commits a misdemeanor or felony as
7 provided in subsection (c) of this section. The following acts
8 shall, without limitation of the foregoing, constitute promoting
9 prostitution:
10(1)   owning, controlling, managing, supervising or
11    otherwise keeping, alone or in association with others, a
12    house of prostitution or a prostitution business;
13(2)   procuring an inmate for a house of prostitution or a
14    place in a house of prostitution for one who would be an
15    inmate;
16(3)   encouraging, inducing, or otherwise intentionally
17    causing another to become or remain a prostitute;
18(4)   soliciting a person to patronize a prostitute;
19(5)   procuring a prostitute for a patron;
20(6)   transporting a person into or within this
21    Commonwealth with intent to promote the engaging in
22    prostitution by that person, or procuring or paying for
23    transportation with that intent;
24(7)   leasing or otherwise permitting a place controlled
25    by the actor, alone or in association with others, to be
26    regularly used for prostitution or the promotion of
27    prostitution, or failure to make reasonable effort to abate
28    such use by ejecting the tenant, notifying law enforcement
29    authorities, or other legally available means; or
30(8)   soliciting, receiving, or agreeing to receive any
20260SB0045PN1791  - 8 -
1    benefit for doing or agreeing to do anything forbidden by
2    this subsection.
3    (b.1)   Promoting prostitution of minor.--A person who
4 knowingly promotes prostitution of a minor commits a felony of
5 the third degree. The following acts shall, without limitation
6 of the foregoing, constitute promoting prostitution of a minor:
7(1)   owning, controlling, managing, supervising or
8    otherwise keeping, alone or in association with others, a
9    house of prostitution or a prostitution business in which a
10    victim is a minor;
11(2)   procuring an inmate who is a minor for a house of
12    prostitution or a place in a house of prostitution where a
13    minor would be an inmate;
14(3)   encouraging, inducing or otherwise intentionally
15    causing a minor to become or remain a prostitute;
16(4)   soliciting a minor to patronize a prostitute;
17(5)   procuring a prostitute who is a minor for a patron;
18(6)   transporting a minor into or within this
19    Commonwealth with intent to promote the engaging in
20    prostitution by that minor, or procuring or paying for
21    transportation with that intent;
22(7)   leasing or otherwise permitting a place controlled
23    by the actor, alone or in association with others, to be
24    regularly used for prostitution of a minor or the promotion
25    of prostitution of a minor, or failure to make reasonable
26    effort to abate such use by ejecting the tenant, notifying
27    law enforcement authorities or other legally available means;
28    or
29(8)   soliciting, receiving or agreeing to receive any
30    benefit for doing or agreeing to do anything forbidden by
20260SB0045PN1791  - 9 -
1    this subsection.
2    (c)     Grading of offenses under subsection (b).--
3(1)   An offense under subsection (b) constitutes a felony
4    of the third degree if:
5(i)    the offense falls within paragraphs (b)(1), (b)
6(2) or (b)(3);
7(ii)    the actor compels another to engage in or
8promote prostitution;
9(iv)    the actor promotes prostitution of his spouse,
10child, ward or any person for whose care, protection or
11support he is responsible; or
12(v)    the person knowingly promoted prostitution of
13another who was HIV positive or infected with the AIDS
14virus.
15(2)   Otherwise the offense is a misdemeanor of the second
16    degree.
17    (d)     Living off prostitutes.--A person, other than the
18 prostitute or the prostitute's minor child or other legal
19 dependent incapable of self-support, who is knowingly supported
20 in whole or substantial part by the proceeds of prostitution is
21 promoting prostitution in violation of subsection (b) of this
22 section.
23    (e)     Patronizing prostitutes.--A person commits the offense
24 of patronizing prostitutes if that person hires a prostitute or
25 any other person to engage in sexual activity with him or her or
26 if that person enters or remains in a house of prostitution for
27 the purpose of engaging in sexual activity.
28    (e.1)    Grading of offenses under subsection (e).--An offense
29 under subsection (e) constitutes a:
30(1)   Misdemeanor of the third degree when the offense is
20260SB0045PN1791  - 10 -
1    a first or second offense.
2(2)   Misdemeanor of the second degree when the offense is
3    a third offense.
4(3)   Misdemeanor of the first degree when the offense is
5    a fourth or subsequent offense.
6(4)   Felony of the third degree if the person who
7    committed the offense knew that he or she was human
8    immunodeficiency virus (HIV) positive or manifesting acquired
9    immune deficiency syndrome (AIDS).
10    (e.2)   Publication of sentencing order.--A court imposing a
11 sentence for a second or subsequent offense committed under
12 subsection (e) shall publish the sentencing order in a newspaper
13 of general circulation in the judicial district in which the
14 court sits, and the court costs imposed on the person sentenced
15 shall include the cost of publishing the sentencing order.]
16    (f)   Definitions.--As used in this section the following
17 words and phrases shall have the meanings given to them in this
18 subsection:
19    ["House of prostitution."     Any place where prostitution or
20 promotion of prostitution is regularly carried on by one person
21 under the control, management or supervision of another.
22    "Inmate."    A person who engages in prostitution in or through
23 the agency of a house of prostitution.]
24    "Minor."    An individual under 18 years of age.
25    "Public place."    Any place to which the public or any
26 substantial group thereof has access.
27    "Sexual activity."    Includes sexual intercourse and deviate
28 sexual intercourse, as those terms are defined in section 3101
29 (relating to definitions), and any touching on the sexual or
30 other intimate parts of an individual for the purpose of
20260SB0045PN1791  - 11 -
1 gratifying sexual desire of either person.
2    Section 4.  The definition of "sexual abuse or exploitation"
3 in section 6303(a) of Title 23 is amended to read:
4 § 6303.    Definitions.
5    (a)    General rule.--The following words and phrases when used
6 in this chapter shall have the meanings given to them in this
7 section unless the context clearly indicates otherwise:
8    * * *
9    "Sexual abuse or exploitation."  Any of the following:
10(1)   The employment, use, persuasion, inducement,
11    enticement or coercion of a child to engage in or assist
12    another individual to engage in sexually explicit conduct,
13    which includes, but is not limited to, the following:
14(i)    Looking at the sexual or other intimate parts of
15a child or another individual for the purpose of arousing
16or gratifying sexual desire in any individual.
17(ii)    Participating in sexually explicit conversation
18either in person, by telephone, by computer or by a
19computer-aided device for the purpose of sexual
20stimulation or gratification of any individual.
21(iii)    Actual or simulated sexual activity or nudity
22for the purpose of sexual stimulation or gratification of
23any individual.
24(iv)    Actual or simulated sexual activity for the
25purpose of producing visual depiction, including
26photographing, videotaping, computer depicting or
27filming.
28    This paragraph does not include consensual activities between
29    a child who is 14 years of age or older and another person
30    who is 14 years of age or older and whose age is within four
20260SB0045PN1791  - 12 -
1  years of the child's age.
2      (2)   Any of the following offenses committed against a
3  child:
4(i)    Rape as defined in 18 Pa.C.S. § 3121 (relating
5      to rape).
6(ii)    Statutory sexual assault as defined in 18
7      Pa.C.S. § 3122.1 (relating to statutory sexual assault).
8(iii)    Involuntary deviate sexual intercourse as
9      defined in 18 Pa.C.S. § 3123 (relating to involuntary
10      deviate sexual intercourse).
11(iv)    Sexual assault as defined in 18 Pa.C.S. §
12      3124.1 (relating to sexual assault).
13(v)    Institutional sexual assault as defined in 18
14      Pa.C.S. § 3124.2 (relating to institutional sexual
15      assault).
16(vi)    Aggravated indecent assault as defined in 18
17      Pa.C.S. § 3125 (relating to aggravated indecent assault).
18(vii)    Indecent assault as defined in 18 Pa.C.S. §
19      3126 (relating to indecent assault).
20(viii)    Indecent exposure as defined in 18 Pa.C.S. §
21      3127 (relating to indecent exposure).
22(ix)    Incest as defined in 18 Pa.C.S. § 4302
23      (relating to incest).
24(x)    [Prostitution as defined in 18 Pa.C.S. § 5902
25      (relating to prostitution and related offenses)]
26      Promoting prostitution as defined in 18 Pa.C.S. § 3027
27      (relating to promoting prostitution).
28(xi)    Sexual abuse as defined in 18 Pa.C.S. § 6312
29      (relating to sexual abuse of children).
30(xii)    Unlawful contact with a minor as defined in 18
20260SB0045PN1791  - 13 -
1Pa.C.S. § 6318 (relating to unlawful contact with minor).
2(xiii)   Sexual exploitation as defined in 18 Pa.C.S.
3§ 6320 (relating to sexual exploitation of children).
4    * * *
5    Section 5.      Section 9799.14(c)(2) of Title 42 is amended to
6 read:
7 § 9799.14.      Sexual offenses and tier system.
8    * * *
9    (c)    Tier II sexual offenses.--The following offenses, or an
10 attempt, conspiracy or solicitation to commit any of the
11 following offenses, shall be classified as Tier II sexual
12 offenses:
13* * *
14(2)   18 Pa.C.S. § [5902(b.1) (relating to prostitution
15    and related offenses)] 3027(b) (relating to promoting
16    prostitution).
17* * *
18    Section 6.      The definition of "felony sex offense" in section
19 2303 of Title 44 is amended to read:
20 § 2303.    Definitions.
21    The following words and phrases when used in this chapter
22 shall have the meanings given to them in this section unless the
23 context clearly indicates otherwise:
24    * * *
25    "Felony sex offense."       A felony offense or an attempt,
26 conspiracy or solicitation to commit a felony offense under any
27 of the following:
2818 Pa.C.S. Ch. 31 (relating to sexual offenses).
2918 Pa.C.S. § 4302 (relating to incest).
3018 Pa.C.S. § [5902(c)(1)(iv) (relating to prostitution
20260SB0045PN1791  - 14 -
1    and related offenses)] 3027 (relating to promoting
2    prostitution).
318 Pa.C.S. § 5903(a) (relating to obscene and other
4    sexual materials and performances) where the offense
5    constitutes a felony.
6Any offense graded as a felony requiring registration
7    under 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of
8    sexual offenders).
9    * * *
10    Section 7.      The definition of "sexual offense" in section
11 7122(e) of Title 61 is amended to read:
12 § 7122.    Supervision of persons paroled by other states.
13    * * *
14    (e)    Definitions.--As used in this section, the following
15 words and phrases shall have the meaning given to them in this
16 subsection unless the context clearly indicates otherwise:
17    * * *
18    "Sexual offense."
19(1)   Any of the following offenses or an equivalent
20    offense that is classified as a felony and involves a victim
21    who is a minor:
2218 Pa.C.S. § 2901 (relating to kidnapping).
2318 Pa.C.S. § [5902(a) (relating to prostitution and
24related offenses)] 3027 (relating to promoting
25prostitution).
2618 Pa.C.S. § 5903(a)(3), (4), (5) or (6) (relating to
27obscene and other sexual materials and performances).
28(2)   Any of the following offenses or an equivalent
29    offense that is classified as a felony and involves a victim
30    who is younger than 13 years of age:
20260SB0045PN1791  - 15 -
118 Pa.C.S. § 3126 (relating to indecent assault).
2(3)   Any of the following offenses or an equivalent
3    offense, regardless of the victim's age:
418 Pa.C.S. § 3121 (relating to rape).
518 Pa.C.S. § 3123 (relating to involuntary deviate
6sexual intercourse).
718 Pa.C.S. § 3125 (relating to aggravated indecent
8assault).
9    * * *
10    Section 8.      The definition of "sexual offense" in section
11 3113(i) of Title 63 is amended to read:
12 § 3113.    Consideration of criminal convictions.
13    * * *
14    (i)    Definitions.--As used in this section, the following
15 words and phrases shall have the meanings given to them in this
16 subsection unless the context clearly indicates otherwise:
17    * * *
18    "Sexual offense."      An act, conspiracy or solicitation to
19 commit any of the following offenses or an equivalent crime in
20 another jurisdiction:
21(1)   18 Pa.C.S. § 2910 (relating to luring a child into a
22    motor vehicle or structure).
23(2)   Any of the offenses enumerated in 18 Pa.C.S. Ch. 30
24    (relating to human trafficking) if the offense involved
25    sexual servitude or an offense under 18 Pa.C.S. § 3027
26    (relating to promoting prostitution).
27(3)   Any of the offenses enumerated in 18 Pa.C.S. Ch. 31
28    (relating to sexual offenses).
29(4)   18 Pa.C.S. § 4302 (relating to incest).
30(5)   18 Pa.C.S. § 4304(a)(1) (relating to endangering
20260SB0045PN1791  - 16 -
1  welfare of children) if the offense involved sexual contact
2  with the victim.
3      (6)     18 Pa.C.S. § 5901 (relating to open lewdness) if the
4  offense involved a minor under 18 years of age.
5      [(7)     18 Pa.C.S. § 5902(b) or (b.1) (relating to
6  prostitution and related offenses).]
7      (8)     18 Pa.C.S. § 5903 (relating to obscene and other
8  sexual materials and performances) if the offense involved a
9  minor under 18 years of age.
10      (9)     18 Pa.C.S. § 6301(a)(1)(i) (relating to corruption
11  of minors) if the offense involved sexual contact with the
12  victim.
13      (10)     18 Pa.C.S. § 6301(a)(1)(ii).
14      (11)     18 Pa.C.S. § 6312 (relating to sexual abuse of
15  children).
16      (12)     18 Pa.C.S. § 6318 (relating to unlawful contact
17  with minor).
18      (13)     18 Pa.C.S. § 6320 (relating to sexual exploitation
19  of children).
20      (14)     18 Pa.C.S. § 7507.1 (relating to invasion of
21  privacy).
22  Section 9.     This act shall take effect in 60 days.
20260SB0045PN1791  - 17 -