On July 20, Governor Josh Shapiro signed Senate Bill 45 into law, marking a significant step forward in Pennsylvania’s fight against human trafficking. This new law properly reclassifies the former “prostitution-related offenses” under Chapter 30, the human trafficking section of the Pennsylvania Crimes Code. Prostitution is now a standalone offense and the recidivist penalties have been removed along with the HIV grading enhancement. This legislation provides the Attorney General with enhanced tools to investigate and prosecute traffickers and sex buyers while modernizing and humanizing the legal framework that has harshly and erroneously targeted persons in prostitution.
Senate Bill 45 aids anti-trafficking efforts in three ways:
First, Senate Bill 45 moves the crimes formerly labeled as “prostitution-related offenses”—including promoting prostitution and buying sex—to the human trafficking section of the Pennsylvania Crimes Code, imposing tougher penalties on those who exploit victims of human trafficking. The crime of human trafficking is a business, and the relocation of the former “prostitution-related offenses” to the human trafficking section rightfully signals that those who profit from and drive the market for sexual exploitation should be targeted by law enforcement rather than those who are exploited in the market. Pennsylvania Anti-Human Trafficking Caucus Chairman Senator Cris Dush (R-25th Dist.)emphasized that Senate Bill 45 is “absolutely not designed to prosecute the vulnerable, …[t]he Johns, the pimps, the abusers of those [trafficking victims] are the targets.”
Second, Senate Bill 45 eliminates the recidivist penalties for repeat prostitution convictions, so regardless of the number of convictions, prostitution remains graded as a misdemeanor of the third degree. The move to Chapter 30 for the formerly “prostitution-related offenses” leaves prostitution itself as separate and distinct offense under § 5902 of the Pennsylvania Crimes Code. The new law also replaces outdated references to “prostitutes” with the terms “prostituted person” or “person in prostitution.” This shift to passive language helps to reduce stigma against people in prostitution by acknowledging that many individuals are coerced into exploitative situations due to lack of choices rather than free well. Senate Bill 45 “expand[s]support for survivors of sexual assault,” underscoring the state’s commitment to supporting victims rather than punishing them.
Third, Senate Bill 45 removes outdated language that criminalized a person’s HIV status. Importantly, it eliminates sentencing enhancements based on HIV status, reflecting current medical and public health understanding of the virus. Previously, the offense of buying sex was graded as a felony of the third degree if the sex buyer knew they were HIV positive or had developed AIDS. Otherwise, repeat sex buyers could only be convicted of a misdemeanor. Now, the offense of buying sex is appropriately graded as a felony upon a third or subsequent conviction. As Philadelphia Councilmember At Large Rue Landau noted, with passage of this legislation, “[the] Commonwealth finally recognizes what public health experts, medical professionals and advocates have been saying for years: HIV is not a crime[.]” By removing these penalties, Pennsylvania reduces stigma surrounding HIV and encourages individuals to seek testing and treatment without fear of criminal consequences—an important step in improving public health and helping to end the HIV epidemic.
The CSE Institute commends and thanks the bill sponsors and advocacy groups. Senate Bill 45 passed with bipartisan support, emphasizing Pennsylvania’s dedication to advancing an end to human trafficking. This new bill brings Pennsylvania one step closer to the Equality Model. The Equality Model directly targets demand by criminalizing the buying of sex, while decriminalizing individuals who are bought and sold for commercial sex. This legislation reflects key tenets of the Equality Model and strengthens Pennsylvania’s efforts to hold perpetrators accountable by targeting sex buyers and traffickers—the individuals who drive the commercial sex trade. By equipping the Attorney General with additional tools for prosecution, it reaffirms a commitment to hold those responsible for exploitation accountable for their crimes while shifting the legal focus away from punishing vulnerable individuals who are often coerced or abused.
While a substantial step in the right direction, Senate Bill 45 is not a complete solution to commercial sexual exploitation. In line with the Equality Model, Pennsylvania legislators should repeal the “crime” of prostitution outright to ensure people in prostitution are not unjustly criminalized for their exploitation. Additionally, Pennsylvania legislators should consolidate the safe harbor fund into the Pennsylvania Commission of Crime and Delinquency (PCCD) Fund and the General Assembly should commit to appropriating money to the fund in order to stabilize funding and allow PCCD to administer grants to improving Pennsylvania’s overall response to commercial sexual exploitation and maintaining consistency.
By modernizing criminal penalties and reducing stigma, Pennsylvania is creating a legal framework that makes it safer for victims and survivors to report abuse, cooperate with law enforcement, and access the support services they need without fear of discrimination or additional punishment.
All views expressed herein are personal to the author and do not necessarily reflect the views of Villanova University Charles Widger School of Law or of Villanova University.