Pennsylvania Act 2000-134 — CRIMES CODE (18 PA.C.S.) - AMEND PROSTITUTION AND RELATED OFFENSES

Act text

CRIMES CODE (18 PA.C.S.) - AMEND PROSTITUTION AND RELATED OFFENSES
                 Act of Dec. 20, 2000, P.L. 973, No. 134              Cl. 18
                             Session of 2000
                               No. 2000-134

     HB 609

                                  AN ACT

     Amending Title 18 (Crimes and Offenses) of the Pennsylvania
        Consolidated Statutes, further providing for grading of the
        offense of prostitution.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 5902(a), (a.1), (e) and (e.1) of Title 18
     of the Pennsylvania Consolidated Statutes are amended and the
     section is amended by adding a subsection to read:
      § 5902.  Prostitution and related offenses.
        (a)  Prostitution.--A person is guilty of prostitution[; a
     misdemeanor of the third degree,] if he or she:
            (1)  is an inmate of a house of prostitution or otherwise
        engages in sexual activity as a business; or
            (2)  loiters in or within view of any public place for
        the purpose of being hired to engage in sexual activity.
        (a.1)  Grading of offenses under subsection (a).--An offense
     under subsection (a) constitutes a [felony of the third degree
     if the person who committed the offense was knowingly human
     immunodeficiency virus (HIV) positive or infected with the
     acquired immune deficiency syndrome (AIDS) virus.]:
            (1)  Misdemeanor of the third degree when the offense is
        a first or second offense.
            (2)  Misdemeanor of the second degree when the offense is
        a third offense.
            (3)  Misdemeanor of the first degree when the offense is
        a fourth or subsequent offense.
            (4)  Felony of the third degree if the person who
        committed the offense knew that he or she was human
        immunodeficiency virus (HIV) positive or manifesting acquired
        immune deficiency syndrome (AIDS).
        * * *
        (e)  Patronizing prostitutes.--
            [(1)]  A person commits [a misdemeanor of the third
        degree] the offense of patronizing prostitutes if that person
        hires a prostitute or any other person to engage in sexual
        activity with him or her or if that person enters or remains
        in a house of prostitution for the purpose of engaging in
        sexual activity.
            [(2)  A person commits a misdemeanor of the third degree
        if, after being sentenced under paragraph (1), he or she
        hires a prostitute or any other person to engage in sexual
        activity with him or her or if that person enters or remains
        in a house of prostitution for the purpose of engaging in
        sexual activity. Upon conviction under this paragraph, a
        defendant shall be sentenced to pay a fine of not less than
        $300 nor more than $2,500, plus court costs, and to community
        service of not less than 75 hours. A court imposing a
        sentence under this paragraph shall publish the sentencing
        order in a newspaper of general circulation in the judicial
        district in which the court sits. As used in this paragraph,
        court costs include the cost of publishing the sentencing
        order.]
        (e.1)  Grading of offenses under subsection (e).--An offense
     under subsection (e) constitutes a [felony of the third degree
     if the person who committed the offense was knowingly human
     immunodeficiency virus (HIV) positive or infected with acquired
     immune deficiency syndrome (AIDS) virus.]:
            (1)  Misdemeanor of the third degree when the offense is
        a first or second offense.
            (2)  Misdemeanor of the second degree when the offense is
        a third offense.
            (3)  Misdemeanor of the first degree when the offense is
        a fourth or subsequent offense.
            (4)  Felony of the third degree if the person who
        committed the offense knew that he or she was human
        immunodeficiency virus (HIV) positive or manifesting acquired
        immune deficiency syndrome (AIDS).
        (e.2)  Publication of sentencing order.--A court imposing a
     sentence for a second or subsequent offense committed under
     subsection (e) shall publish the sentencing order in a newspaper
     of general circulation in the judicial district in which the
     court sits, and the court costs imposed on the person sentenced
     shall include the cost of publishing the sentencing order.
        * * *
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 20th day of December, A. D. 2000.

     THOMAS J. RIDGE