Reforming Prostitution Penalties

The demand for commercial sex catalyzes sex trafficking. Yet, current law penalizes victims found engaging in prostitution while inadequately imposing accountability on the individuals benefitting from their exploitation. Senate Bill 45 (Sens. Cris Dush and Maria Collett) modernizes Pennsylvania’s legal framework to address the root cause, shifting penalties to those driving demand and dedicating increased resources to anti-human trafficking efforts.[1]

This Legislation Will:

• Update existing prostitution laws to improve human trafficking prosecution in the commercial sex industry and lessen penalties on victims.

  • Prostitution related offenses will shift to the human trafficking section of the criminal code, equipping prosecutors and local law enforcement to better prosecute individuals participating in human trafficking.

  • The bill limits penalties on individuals convicted of prostitution to a third degree misdemeanor, and further aligns statutes with updated definitions and enforcement priorities.

• Strengthen penalties for prostitution-related conduct, with the following conduct graded more severely for each consecutive offense:

  • “Patronizing prostitution” includes those who hire and/or engage another person in a house of prostitution for sexual activity.

  • “Promoting prostitution” and “promoting prostitution of a minor” includes those who knowingly organize, manage, encourage, and facilitate prostitution.

• Establish a dedicated funding stream for anti-human trafficking efforts through fines, penalties, or appropriations.

  • Fines collected from individuals charged with patronizing prostitution will range from $2,500 for a first offense to a maximum of $50,000 for a third or subsequent offense.

  • Collected fines will be deposited into the Safe Harbor for Sexually Exploited Children Fund and the Prevention of Human Trafficking Account in equal percentages.[2] The money will in turn fund grants administered to the Pennsylvania Commission on Crime and Delinquency (PCCD) for anti-human trafficking efforts.

  • PCCD will be required to publish an annual report listing the funded organizations.

Why this Reform is Needed:

• Reduce the demand for commercial sex that drives exploitation.

  • Commercial sex and prostitution rank among the top venues for human trafficking cases reported to the national human trafficking hotline nationally, and accounts for roughly 50 percent of Pennsylvania’s sex trafficking cases reported to the hotline.

  • The market for commercial sex outpaces supply, motivating pimps and traffickers to increasingly exploit vulnerable people in the prostitution industry. In short, purchasers of commercial sex fund sex trafficking.

• Increase accountability for traffickers, facilitators, and buyers.

  • Shifting penalties to traffickers and buyers can crucially intercept the flow of sex trafficking demand and profit.

  • This legislation aligns with the research-based Survivor Model, which focuses upon decriminalizing prostituted persons, criminalizing sex buyers, traffickers, and facilitators, and providing comprehensive exit services.

  • Counties adopting this model, such as Sweden, Ireland, and Israel, see decreased prostitution and increased safety.[3, 4]

• Support victims though dedicated funding to sustain anti-human trafficking efforts and organizations

  • Nearly 90 percent of prostituted people want to escape prostitution and 80-90 percent of prostituted people are controlled by pimps.[4]

  • By strengthening anti-human trafficking coordination with consistent funding, Pennsylvania can build a sustainable infrastructure for both prosecuting perpetrators and supporting victims toward a better life.

Pennsylvania can become a national leader and align its anti-human trafficking infrastructure with proven strategies for reducing trafficking in the commercial sex industry. By shifting penalties away from individuals engaged in prostitution to those profiting from or driving demand, this reform can help increase accountability, reduce exploitation, and better support victims. Track this reform’s progress here as Pennsylvania moves to transform into a haven for victim prevention and restoration.