SB 45 — 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.

PRINTER'S NO.   1512

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 45
                                               Session of
                                                 2026

     INTRODUCED BY DUSH, COLLETT, PHILLIPS-HILL, MASTRIANO,
        PENNYCUICK, STEFANO, HUTCHINSON, J. WARD AND VOGEL,
        MARCH 18, 2026

     REFERRED TO JUDICIARY, MARCH 18, 2026


                                    AN ACT
 1   Amending Title 18 (Crimes and Offenses) of the Pennsylvania
 2      Consolidated Statutes, in human trafficking, further
 3      providing for definitions, providing for the offense of
 4      promoting prostitution, for the offense of living off of
 5      prostituted persons and for the offense of patronizing
 6      prostitution and further providing for grants; in public
 7      indecency, further providing for prostitution and related
 8      offenses; and establishing the Prevention of Human
 9      Trafficking Account.
10      The General Assembly of the Commonwealth of Pennsylvania
11   hereby enacts as follows:
12      Section 1.    Section 3001 of Title 18 of the Pennsylvania
13   Consolidated Statutes is amended by adding definitions to read:
14   § 3001.    Definitions.
15      The following words and phrases when used in this chapter
16   shall have the meanings given to them in this section unless the
17   context clearly indicates otherwise:
18      * * *
19      "House of prostitution."    A place where prostitution or the
20   promotion of prostitution is regularly carried on by one person
21   under the control, management or supervision of another.
 1      * * *
 2      "Prostituted person."     An individual who engages in
 3   prostitution in or through the agency of a house of
 4   prostitution.
 5      * * *
 6      Section 2.     Title 18 is amended by adding sections to read:
 7   § 3027.    Promoting prostitution.
 8      (a)    Offense defined.--A person who knowingly promotes
 9   prostitution of another commits a misdemeanor or felony as
10   provided under subsection (c). The following acts shall
11   constitute promoting prostitution:
12             (1)   owning, controlling, managing, supervising or
13      otherwise keeping, alone or in association with others, a
14      house of prostitution or a prostitution business;
15             (2)   procuring a prostituted person for a house of
16      prostitution or a place in a house of prostitution for one
17      who would be a prostituted person;
18             (3)   encouraging, inducing or otherwise intentionally
19      causing another to become or remain a prostituted person;
20             (4)   except for a prostituted person or the prostituted
21      person's minor child or other legal dependent incapable of
22      self-support, knowingly being supported in whole or
23      substantial part by the proceeds of prostitution;
24             (5)   soliciting a person to patronize a prostituted
25      person;
26             (6)   procuring a prostituted person for a patron;
27             (7)   transporting an individual into or within this
28      Commonwealth with intent to promote the engaging in
29      prostitution by that individual, or procuring or paying for
30      transportation with that intent;

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 1            (8)   leasing or otherwise permitting a place controlled
 2      by the actor, alone or in association with others, to be
 3      regularly used for prostitution or the promotion of
 4      prostitution, or failure to make reasonable effort to abate
 5      the use by ejecting the tenant, notifying law enforcement
 6      authorities or other legally available means; or
 7            (9)   soliciting, receiving or agreeing to receive any
 8      benefit for doing or agreeing to do anything forbidden by
 9      this subsection.
10      (b)   Promoting prostitution of minor.--A person is guilty of
11   an offense if the person knowingly promotes prostitution of a
12   minor. The following acts shall constitute promoting
13   prostitution of a minor:
14            (1)   owning, controlling, managing, supervising or
15      otherwise keeping, alone or in association with others, a
16      house of prostitution or a prostitution business in which a
17      victim is a minor;
18            (2)   procuring a prostituted person who is a minor for a
19      house of prostitution or a place in a house of prostitution
20      where a minor would be a prostituted person;
21            (3)   encouraging, inducing or otherwise intentionally
22      causing a minor to become engaged in or remain engaging in
23      prostitution;
24            (4)   soliciting a minor to patronize a prostituted
25      person;
26            (5)   procuring a prostituted person who is a minor for a
27      patron;
28            (6)   transporting a minor into or within this
29      Commonwealth with intent to promote the engaging in
30      prostitution by that minor, or procuring or paying for

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 1    transportation with that intent;
 2          (7)   leasing or otherwise permitting a place controlled
 3    by the actor, alone or in association with others, to be
 4    regularly used for prostitution of a minor or the promotion
 5    of prostitution of a minor, or failure to make reasonable
 6    effort to abate the use by ejecting the tenant, notifying law
 7    enforcement authorities or other legally available means; or
 8          (8)   soliciting, receiving or agreeing to receive any
 9    benefit for doing or agreeing to do anything forbidden by
10    this subsection.
11    (c)   Grading.--
12          (1)   The following apply to offenses committed under
13    subsection (a):
14                (i)    An offense constitutes a felony of the third
15          degree if:
16                       (A)   the offense falls under subsection (a)(1),
17                (2), (3) or (4);
18                       (B)   the actor compels another to engage in or
19                promote prostitution;
20                       (C)   the actor promotes prostitution of the
21                person's spouse, child, ward or any person for whose
22                care, protection or support the person is
23                responsible; or
24                       (D)   the actor commits a third or subsequent
25                offense under subsection (a)(5), (6), (7), (8) or
26                (9).
27                (ii)    An offense constitutes a misdemeanor of the
28          second degree if the offense is a first offense under
29          subsection (a)(5), (6), (7), (8) or (9).
30                (iii)    An offense constitutes a misdemeanor of the

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 1             first degree if the offense is a second offense under
 2             subsection (a)(5), (6), (7), (8) or (9).
 3             (2)   An offense committed under subsection (b)
 4      constitutes a felony of the third degree.
 5             (3)   If an offense under subsection (a) or (b) is not
 6      provided for under paragraph (1) or (2), the offense shall be
 7      a misdemeanor of the second degree.
 8   § 3028.    Patronizing prostitution.
 9      (a)    Offense defined.--A person commits the offense of
10   patronizing prostitution if that person hires an individual
11   engaged in prostitution or any other person to engage in sexual
12   activity with him or her or if that person enters or remains in
13   a house of prostitution for the purpose of engaging in sexual
14   activity.
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
28             maximum amount applicable under section 1101 (relating to
29             fines).
30                   (ii)    A person convicted of a second offense shall

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 1             pay 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
 4             offense shall pay a fine of not less than $10,000 and not
 5             more 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 Account that is established within the
18      General Fund. The money in the account is appropriated on a
19      continuing basis to the commission for the purpose of funding
20      the grant programs under section 3031 (relating to grants).
21      (e)    Definition.--As used in this section, the term "sexual
22   activity" shall mean the same as defined under section 5902(f)
23   (relating to prostitution and related offenses).
24      Section 3.      Sections 3031 and 5902 of Title 18 are amended to
25   read:
26   § 3031.    Grants.
27      (a)    Awarding of grants.--Subject to the availability of
28   [funds] money, the commission shall make grants to State
29   agencies, units of local government and nongovernmental
30   organizations to:

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 1             (1)    Develop, expand or strengthen programs for victims
 2      of human trafficking. Such programs may include:
 3                    (i)    Health services, including mental health
 4             services.
 5                    (ii)    Temporary and permanent housing placement.
 6                    (iii)    Legal and immigration services.
 7                    (iv)    Employment placement, education and training.
 8             (2)    Ensure prevention of human trafficking, including
 9      increasing public awareness.
10             (3)    Ensure protection of victims of human trafficking,
11      including training of first responders.
12      (b)    Annual report.--The commission shall compile and
13   annually post a report on the commission's publicly accessible
14   Internet website. Contents of the report shall include the
15   amount of money that was spent by the commission on grants under
16   this section and to which organizations the grants were awarded.
17   § 5902.    Prostitution and related offenses.
18      (a)    Prostitution.--A person other than a minor is guilty of
19   prostitution if he or she:
20             (1)    [is an inmate of a house of prostitution or
21      otherwise engages in sexual activity as a business] exchanges
22      sexual activity for money or something of value; or
23             (2)    loiters in or within view of any public place for
24      the purpose of being hired to engage in sexual activity.
25      (a.1)    Grading of offenses under subsection (a).--An offense
26   under subsection (a) constitutes a[:
27             (1)    Misdemeanor] misdemeanor of the third degree [when
28      the offense is a first or second offense].
29             [(2)    Misdemeanor of the second degree when the offense
30      is a third offense.

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 1            (3)   Misdemeanor of the first degree when the offense is
 2      a fourth or subsequent offense.
 3            (4)   Felony of the third degree if the person who
 4      committed the offense knew that he or she was human
 5      immunodeficiency virus (HIV) positive or manifesting acquired
 6      immune deficiency syndrome (AIDS).
 7      (b)   Promoting prostitution.--A person who knowingly promotes
 8   prostitution of another commits a misdemeanor or felony as
 9   provided in subsection (c) of this section. The following acts
10   shall, without limitation of the foregoing, constitute promoting
11   prostitution:
12            (1)   owning, controlling, managing, supervising or
13      otherwise keeping, alone or in association with others, a
14      house of prostitution or a prostitution business;
15            (2)   procuring an inmate for a house of prostitution or a
16      place in a house of prostitution for one who would be an
17      inmate;
18            (3)   encouraging, inducing, or otherwise intentionally
19      causing another to become or remain a prostitute;
20            (4)   soliciting a person to patronize a prostitute;
21            (5)   procuring a prostitute for a patron;
22            (6)   transporting a person into or within this
23      Commonwealth with intent to promote the engaging in
24      prostitution by that person, or procuring or paying for
25      transportation with that intent;
26            (7)   leasing or otherwise permitting a place controlled
27      by the actor, alone or in association with others, to be
28      regularly used for prostitution or the promotion of
29      prostitution, or failure to make reasonable effort to abate
30      such use by ejecting the tenant, notifying law enforcement

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 1      authorities, or other legally available means; or
 2           (8)   soliciting, receiving, or agreeing to receive any
 3      benefit for doing or agreeing to do anything forbidden by
 4      this subsection.
 5      (b.1)   Promoting prostitution of minor.--A person who
 6   knowingly promotes prostitution of a minor commits a felony of
 7   the third degree. The following acts shall, without limitation
 8   of the foregoing, constitute promoting prostitution of a minor:
 9           (1)   owning, controlling, managing, supervising or
10      otherwise keeping, alone or in association with others, a
11      house of prostitution or a prostitution business in which a
12      victim is a minor;
13           (2)   procuring an inmate who is a minor for a house of
14      prostitution or a place in a house of prostitution where a
15      minor would be an inmate;
16           (3)   encouraging, inducing or otherwise intentionally
17      causing a minor to become or remain a prostitute;
18           (4)   soliciting a minor to patronize a prostitute;
19           (5)   procuring a prostitute who is a minor for a patron;
20           (6)   transporting a minor into or within this
21      Commonwealth with intent to promote the engaging in
22      prostitution by that minor, 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 of a minor or the promotion
27      of prostitution of a minor, or failure to make reasonable
28      effort to abate such use by ejecting the tenant, notifying
29      law enforcement authorities or other legally available means;
30      or

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 1            (8)   soliciting, receiving or agreeing to receive any
 2      benefit for doing or agreeing to do anything forbidden by
 3      this subsection.
 4      (c)     Grading of offenses under subsection (b).--
 5            (1)   An offense under subsection (b) constitutes a felony
 6      of the third degree if:
 7                  (i)    the offense falls within paragraphs (b)(1), (b)
 8            (2) or (b)(3);
 9                  (ii)    the actor compels another to engage in or
10            promote prostitution;
11                  (iv)    the actor promotes prostitution of his spouse,
12            child, ward or any person for whose care, protection or
13            support he is responsible; or
14                  (v)    the person knowingly promoted prostitution of
15            another who was HIV positive or infected with the AIDS
16            virus.
17            (2)   Otherwise the offense is a misdemeanor of the second
18      degree.
19      (d)     Living off prostitutes.--A person, other than the
20   prostitute or the prostitute's minor child or other legal
21   dependent incapable of self-support, who is knowingly supported
22   in whole or substantial part by the proceeds of prostitution is
23   promoting prostitution in violation of subsection (b) of this
24   section.
25      (e)     Patronizing prostitutes.--A person commits the offense
26   of patronizing prostitutes if that person hires a prostitute or
27   any other person to engage in sexual activity with him or her or
28   if that person enters or remains in a house of prostitution for
29   the purpose of engaging in sexual activity.
30      (e.1)    Grading of offenses under subsection (e).--An offense

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 1   under subsection (e) constitutes a:
 2            (1)   Misdemeanor of the third degree when the offense is
 3      a first or second offense.
 4            (2)   Misdemeanor of the second degree when the offense is
 5      a third offense.
 6            (3)   Misdemeanor of the first degree when the offense is
 7      a fourth or subsequent offense.
 8            (4)   Felony of the third degree if the person who
 9      committed the offense knew that he or she was human
10      immunodeficiency virus (HIV) positive or manifesting acquired
11      immune deficiency syndrome (AIDS).
12      (e.2)   Publication of sentencing order.--A court imposing a
13   sentence for a second or subsequent offense committed under
14   subsection (e) shall publish the sentencing order in a newspaper
15   of general circulation in the judicial district in which the
16   court sits, and the court costs imposed on the person sentenced
17   shall include the cost of publishing the sentencing order.]
18      (f)   Definitions.--As used in this section the following
19   words and phrases shall have the meanings given to them in this
20   subsection:
21      ["House of prostitution."     Any place where prostitution or
22   promotion of prostitution is regularly carried on by one person
23   under the control, management or supervision of another.
24      "Inmate."    A person who engages in prostitution in or through
25   the agency of a house of prostitution.]
26      "Minor."    An individual under 18 years of age.
27      "Public place."    Any place to which the public or any
28   substantial group thereof has access.
29      "Sexual activity."    Includes sexual intercourse and deviate
30   sexual intercourse, as those terms are defined in section 3101

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1   (relating to definitions), and any touching on the sexual or
2   other intimate parts of an individual for the purpose of
3   gratifying sexual desire of either person.
4      Section 4.   This act shall take effect in 60 days.




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