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.

PRINTER'S NO.   2936

                      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 AND MAYES, FEBRUARY 24, 2026

     REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 25, 2026


                                        AN ACT
 1   Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
 2      Judicial Procedure) of the Pennsylvania Consolidated
 3      Statutes, in human trafficking, further providing for safe
 4      harbor for sexually exploited children; and, in juvenile
 5      matters, repealing provisions relating to dependency in lieu
 6      of delinquency.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1.      Section 3065(a) and (c) of Title 18 of the
10   Pennsylvania Consolidated Statutes are amended to read:
11   § 3065.    Safe harbor for sexually exploited children.
12      (a)    Safe harbor.--
13             (1)   If it is determined by a law enforcement officer,
14      after reasonable detention for investigative purposes, that
15      an individual is under 18 years of age [and is determined to
16      be a sexually exploited child as defined in section 3001
17      (relating to definitions)], the individual shall be immune
18      from:
19                   [(1)] (i)   Prosecution or adjudication as a
 1            delinquent child for a violation of [sections 5507
 2            (relating to obstructing highways and other public
 3            passages) and] section 5902(a) (relating to prostitution
 4            and related offenses).
 5                  [(2)] (ii)    Revocation of an existing term of
 6            probation or parole arising from a conviction or
 7            adjudication for another offense if the revocation is
 8            based on conduct under [paragraph (1).] subparagraph (i).
 9            (2)   If it is determined by a law enforcement officer,
10      after reasonable detention for investigative purposes, that
11      an individual is under 18 years of age and is determined to
12      be a sexually exploited child as defined in section 3001
13      (relating to definitions), the individual shall be immune
14      from:
15                  (i)    Prosecution or adjudication as a delinquent
16            child for a noncriminal delinquent act, summary offense,
17            misdemeanor or felony that is not a crime of violence
18            committed as a result of the individual's trafficking
19            victimization. For purposes of this subparagraph, the
20            term "crime of violence" shall mean the same as defined
21            under 42 Pa.C.S. § 9714(g) (relating to sentences for
22            second and subsequent offenses).
23                  (ii)   Revocation of an existing term of probation or
24            parole arising from a conviction or adjudication for
25            another offense if the revocation is based on conduct
26            under subparagraph (i).
27      * * *
28      (c)   Detainment.--An individual determined to be a sexually
29   exploited child as defined in section 3001 [(relating to
30   definitions)] shall be detained no longer than necessary and

20260HB2243PN2936                       - 2 -
 1   only to assist the child in securing specialized services
 2   available under section 3062 (relating to specialized services
 3   for sexually exploited children) [or to refer the child to a
 4   county agency if required under 42 Pa.C.S. § 6328 (relating to
 5   dependency in lieu of delinquency)].
 6      * * *
 7      Section 2.    Section 6328 of Title 42 is repealed:
 8   [§ 6328.    Dependency in lieu of delinquency.
 9      (a)     Referral to county agency.--The offenses provided under
10   subsection (b) shall be referred to a county agency under 23
11   Pa.C.S. §§ 6362 (relating to responsibilities of county agency
12   for child protective services) and 6375 (relating to county
13   agency requirements for general protective services) if the
14   offense:
15            (1)   Is committed by a child as a direct result of being
16      a sexually exploited child as defined in 18 Pa.C.S. § 3001
17      (relating to definitions).
18            (2)   Is directly related to having been subject to human
19      trafficking as defined in 18 Pa.C.S. § 3001.
20      (b)     Eligible offenses.--Eligible offenses for referral to a
21   county agency include the following:
22            (1)   18 Pa.C.S. § 3503 (relating to criminal trespass).
23            (2)   18 Pa.C.S. § 4914 (relating to false identification
24      to law enforcement authorities).
25            (3)   18 Pa.C.S. § 5503 (relating to disorderly conduct).
26            (4)   18 Pa.C.S. § 5506 (relating to loitering and
27      prowling at night time).
28            (5)   An offense for simple possession of a controlled
29      substance under section 13(a)(16) and (31) of the act of
30      April 14, 1972 (P.L.233, No.64), known as The Controlled

20260HB2243PN2936                    - 3 -
 1      Substance, Drug, Device and Cosmetic Act.
 2      (c)   Delinquency proceedings.--
 3            (1)   If an offense listed in subsection (b) is referred
 4      to a county agency, delinquency proceedings under this
 5      chapter may not be commenced immediately.
 6            (2)   If treatment and social services are unsuccessful
 7      while the dependency petition is pending, as evidenced by the
 8      child's behavior, and the county agency believes that
 9      juvenile justice services are necessary and warranted, the
10      county agency shall refer the child's case to the juvenile
11      probation department or district attorney's office for the
12      commencement of delinquency proceedings.
13      (d)   Record expungement.--Upon the final discharge of
14   supervision, juvenile court records relating to an offense
15   listed in subsection (b) shall be expunged by the court under 18
16   Pa.C.S. § 9123 (relating to juvenile records).]
17      Section 3.    This act shall take effect immediately.




20260HB2243PN2936                    - 4 -