HB 1616 — An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in offenses against the family, further providing for the offense of dealing in infant children; and, in depositions and witnesses, providing for sentencing considerations for child victim offenders.

PRINTER'S NO.   1933

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1616
                                               Session of
                                                 2025

     INTRODUCED BY DONAHUE, McNEILL, HANBIDGE, HILL-EVANS, BURGOS,
        SANCHEZ AND KHAN, JUNE 16, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, JUNE 16, 2025


                                    AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in depositions and
 3      witnesses, providing for sentencing considerations for child
 4      victim offenders.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Title 42 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a section to read:
 9   § 5988.1.   Sentencing considerations for child victim offenders.
10      (a)   Court discretion.--Subject to subsection (b), if a child
11   is convicted of an offense in a criminal proceeding following a
12   motion filed by the prosecutor or the defendant and a hearing on
13   the motion and the court finds, by clear and convincing
14   evidence, that a victim of the child's criminal conduct had,
15   within one year prior to the child's commission of the offense,
16   engaged in, or forced or compelled the child to engage in,
17   prohibited sexual conduct, and the child's commission of the
18   offense was a direct result of the prohibited sexual conduct, or
19   the child acted under the influence of substantial emotional
 1   distress during the commission of the offense, the court may:
 2            (1)   depart from any applicable mandatory minimum
 3      sentence or sentencing enhancement;
 4            (2)   impose a determination of guilt without further
 5      penalty;
 6            (3)   transfer the child's case to the division or a judge
 7      of the court assigned to conduct juvenile hearings; or
 8            (4)   reduce or waive the imposition of fines, court costs
 9      or restitution.
10      (b)     Exceptions.--Subsection (a) shall not apply to a child's
11   conviction for any offense:
12            (1)   under 18 Pa.C.S. Ch. 30 (relating to human
13      trafficking) or 31 (relating to sexual offenses); or
14            (2)   involving any victim who did not engage in, or force
15      or compel the child to engage in, prohibited sexual conduct.
16      (c)     Definitions.--As used in this section, the following
17   words and phrases shall have the meanings given to them in this
18   subsection unless the context clearly indicates otherwise:
19      "Emotional distress."     A temporary or permanent state of
20   mental anguish caused or induced by the prohibited sexual
21   conduct.
22      "Prohibited sexual conduct."     Any activity prohibited under
23   any of the following provisions under 18 Pa.C.S. (relating to
24   crimes and offenses):
25            (1)   Any of the offenses enumerated in Chapter 30, if the
26      activity involved sexual servitude, as defined in section
27      3001 (relating to definitions).
28            (2)   Section 3121(c) (relating to rape).
29            (3)   Section 3122.1 (relating to statutory sexual
30      assault).

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 1        (4)     Section 3123 (relating to involuntary deviate sexual
 2    intercourse).
 3        (5)     Section 3124.1 (relating to sexual assault).
 4        (6)     Section 3124.3 (relating to sexual assault by sports
 5    official, volunteer or employee of nonprofit association).
 6        (7)     Section 3125 (relating to aggravated indecent
 7    assault).
 8        (8)     Section 3126 (relating to indecent assault).
 9        (9)     Section 5902(b), (b.1), (d) and (e) (relating to
10    prostitution and related offenses).
11        (10)     Section 6312 (relating to sexual abuse of
12    children).
13    Section 2.    This act shall take effect in 60 days.




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