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.
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Overview
This bill amends Pennsylvania law to provide sentencing considerations for child offenders who have been victims of sexual abuse. If a court finds that a child’s offense was a direct result of a victim’s prior prohibited sexual conduct or the child acted under substantial emotional distress, the court may deviate from minimum sentences, impose a determination of guilt without a penalty, transfer the case to juvenile court, or reduce fines. Certain offenses, including those related to human trafficking and statutory sexual assault, are excluded from this consideration.
Key provisions
- Allows a court to depart from minimum sentences or sentencing enhancements if a child’s offense was linked to a victim’s prior prohibited sexual conduct.
- Provides the option to impose a determination of guilt without a penalty.
- Enables transfer of the case to a juvenile court.
- Permits reduction or waiver of fines, court costs, or restitution.
- Defines ‘emotional distress’ as a temporary or permanent state of mental anguish.
- Lists specific offenses covered under the sentencing considerations (e.g., sexual servitude, rape, statutory sexual assault).
- Excludes certain offenses, including those related to human trafficking and specific sexual assault categories, from the sentencing considerations.
- Requires the court to find, by clear and convincing evidence, that the victim engaged in prohibited sexual conduct within one year of the child’s offense.
Who is affected
Bill text
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Document of record
- Version
- Pn 1933 Html
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Sponsors
Official sponsors from legislative records.
9 on record
Primary sponsor
Cosponsors
Benjamin Sanchez
G. Roni Green
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