Pennsylvania HB 2243: An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in human trafficking, further providing for safe harbor for sexually exploited children; and, in juvenile matters, repealing provisions relating to dependency in lieu of delinquency.

Bill Text

PRIOR PRINTER'S NO. 2936 PRINTER'S NO. 3606
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2243
Session of
2026
INTRODUCED BY WEBSTER, GUENST, SHUSTERMAN, HILL-EVANS, HANBIDGE,
HOWARD, KINKEAD, KAZEEM, SANCHEZ, INGLIS, CEPEDA-FREYTIZ,
NEILSON, BOYD, MAYES, STEELE AND T. DAVIS, FEBRUARY 24, 2026
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 15, 2026
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in human trafficking, further providing for safe
harbor for sexually exploited children; and, in juvenile
matters, repealing provisions relating to dependency in lieu
of delinquency.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3065(a) and (c) of Title 18 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 3065. Safe harbor for sexually exploited children.
(a) Safe harbor.--
(1) 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)] (i) Prosecution or adjudication as a
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delinquent child for a violation of [sections 5507
(relating to obstructing highways and other public
passages) and] section 5902(a) (relating to prostitution
and related offenses).
[(2)] (ii) 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).] subparagraph (i).
(2) If it is determined by a law enforcement officer,
after reasonable detention for investigative purposes, A
PROSECUTING ATTORNEY OR A COURT DETERMINES 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:
(i) Prosecution or adjudication as a delinquent
child for a noncriminal delinquent act, summary offense,
misdemeanor or felony that is not a crime of violence
committed as a result of the individual's trafficking
victimization. For purposes of this subparagraph, the
term "crime of violence" shall mean the same as defined
under 42 Pa.C.S. § 9714(g) (relating to sentences for
second and subsequent offenses).
(I) PROSECUTION OR ADJUDICATION AS A DELINQUENT
CHILD FOR ANY ACT OR OFFENSE DIRECTLY RELATED TO OR
COMMITTED AS A DIRECT RESULT OF THE CHILD'S
VICTIMIZATION, EXCEPT FOR:
(A) AN OFFENSE UNDER:
(I) SECTION 2502(A) OR (B) (RELATING TO
MURDER).
(II) CHAPTER 30 (RELATING TO HUMAN
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TRAFFICKING), IF THE OFFENSE INVOLVED SEXUAL
SERVITUDE.
(III) CHAPTER 31 (RELATING TO SEXUAL
OFFENSES).
(IV) SECTION 4302 (RELATING TO INCEST).
(V) SECTION 5902(B.1) (RELATING TO
PROSTITUTION AND RELATED OFFENSES).
(VI) SECTION 6320 (RELATING TO SEXUAL
EXPLOITATION OF CHILDREN).
(B) A "CRIME OF VIOLENCE" AS DEFINED UNDER 42
PA.C.S. § 9714(G) (RELATING TO SENTENCES FOR SECOND
AND SUBSEQUENT OFFENSES).
(ii) 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 subparagraph (i).
* * *
(c) Detainment.--An individual determined BY A LAW
ENFORCEMENT OFFICER to be [a sexually exploited child as defined
in section 3001 [(relating to definitions)] ELIGIBLE FOR
IMMUNITY UNDER SUBSECTION (A)(2) 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.
§ 6328 (relating to dependency in lieu of delinquency)] AND TO
REFER THE INDIVIDUAL TO A COUNTY AGENCY UNDER SUBSECTION (C.1).
(C.1) MANDATORY REFERRAL FOR EVALUATION AND DATA
COLLECTION.--AN INDIVIDUAL DETERMINED TO BE ELIGIBLE FOR
IMMUNITY UNDER SUBSECTION (A)(2) SHALL BE REFERRED TO A COUNTY
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AGENCY FOR THE PURPOSES OF:
(1) EVALUATING THE INDIVIDUAL'S NEED FOR SPECIALIZED
SERVICES UNDER SECTION 3062 (RELATING TO SPECIALIZED SERVICES
FOR SEXUALLY EXPLOITED CHILDREN).
(2) ASSISTING THE INDIVIDUAL IN SECURING ANY NECESSARY
SPECIALIZED SERVICES AVAILABLE UNDER SECTION 3062.
(3) COMPILING ANONYMOUS DATA REGARDING THE INCIDENCE OF
CHILD EXPLOITATION TO ENSURE THE ACCURATE ALLOCATION OF
FEDERAL AND STATE FUNDING FOR PROTECTIVE PROGRAMS.
(4) DETERMINING IF THE INDIVIDUAL IS A DEPENDENT CHILD
AS DEFINED UNDER 42 PA.C.S. § 6302 (RELATING TO DEFINITIONS)
TO ENSURE THE CHILD'S SAFETY FROM FURTHER EXPLOITATION.
*