Human Trafficking

Pennsylvania Law
18 Pa.C.S.  §§ 3001 – 3072 

In 2014, Pennsylvania enacted its first comprehensive 
anti-trafficking statute. The law focuses on prosecuting 
traffickers, preventing trafficking, and protecting 
survivors. 

The crime of human trafficking is committed if a 
person “recruits, entices, solicits, advertises, harbors, 
transports, provides, obtains, or maintains an individual 
if the person knows or recklessly disregards that the 
individual will be subject to involuntary servitude or if 
the person “knowingly benefits financially or receives 
anything of value from any act that facilitates any 
[such] activity.” 
18 Pa.C.S. § 3011

Sexual servitude is any sex act or 
performance involving a sex act for which 
anything of value is directly or indirectly 
given, promised to or received by any 
individual or which is performed or provided by 
any individual, and is induced or obtained from 
(1) a minor; or
(2) Any other individual by any of the means 
set forth in section 3012(b)(relating to 
involuntary servitude). 
18 Pa.C.S. § 3001

Judicial Bench Card

Labor servitude is labor which is 
performed or provided by another 
individual and is induced or obtained 
by any of the means set forth in 
section 3012(b) (relating to involuntary 
servitude).
18 Pa.C.S. § 3001

Trafficking Victims are Often Charged 
with Crimes Including 
•  Criminal trespass (§ 3503)* 
•  Disorderly conduct (§ 5503)* 
•  False identification to law enforcement officer  

(§ 4914) 

•  Loitering and prowling at night time (§ 5506)* 
•  Obstruction of the highways and other public 

passages (§ 5507)* 

•  Possession of a controlled substance* 
•  Prostitution (§ 5902)* 
•  Retail theft (§ 3929) 

*Criminal convictions that human trafficking survivors 
can petition the court to have vacated under § 3019(d) 
if the crime was committed as direct result of that 
person being a victim of human trafficking.

Safe Harbor for Sexually Exploited Children - Act 130 (2018)

Immunizes sexually exploited children from criminal prosecution for the crimes of prostitution and obstruction of the highway.

Mandates a trauma-informed alternative to delinquency through the intervention of child protective services for sexually 
exploited children accused of engaging in other minor offenses, including criminal trespass, disorderly conduct, loitering and 
prowling at nighttime, presenting false identification to law enforcement, and simple possession of a controlled substance. 
42 Pa.C.S. § 6328 

 

Where does trafficking occur?
Sex Trafficking 
•  Escort services 
•  Massage parlors 
•  Residential and “underground” brothels 
•  Street corners 
•  Websites promoting commercial sex 
•  Strip clubs 
•  Hotels and motels 
•  Pornography production 
Labor Trafficking 
•  Nail salons 
•  Restaurants 
•  Landscaping companies 
•  Agricultural industries 
•  Large-scale factories 
•  Housekeeping services

“Branding” tattoos (conveying ownership) 

Common Victim Indicators 
Improper or missing identification
• 
• 
Intense fear or emotional numbness 
•  Untreated illness 
•  Substance use disorder 
• 
•  Burns, injuries, or cuts 
•  Homelessness 
•  Seasonally inappropriate clothing 
• 
Lengthy criminal history 
•  History of past victimization 
•  Confused about court proceedings 
•  Unusually resigned to their circumstances 
•  Willing to accept a guilty plea without counsel 
•  Wants to rush through proceedings 
•  Providing “canned” or “scripted” answers 
• 

Looking toward another person in the courtroom 
for affirmation before answering questions 

•  Unaware of their present location

Practice Tips
Encourage the use of “trauma-informed” courtroom 
techniques
•  Use language that does not convey blame. 
•  Save questions about sensitive issues for when 
the courtroom is empty or allow the participant to 
approach the bench. 
If ongoing abuse or intimidation is suspected, 
engage those people in activities outside the 
courtroom while the participant shares her story. 
•  When practical, ask the participant to come close; 
speak to them beside or right in front of the bench. 

• 

•  Tell the participant what is happening and why. 
•  Change the paradigm from “What Is Wrong with 

You” to “What Happened to You”.

A trauma-informed courtroom is one in 
which, “judges recognize the people 
appearing before them have personally 
experienced acts of violence or other 
traumatic life events, and are also cognizant 
of the stress of the courtroom environment 
impact on trauma survivors”.

SAMHSA  
(Substance Abuse and Mental Health Services Administration)

Exercise judicial leadership
•  Consider sealing, expunging, or vacating records 

to protect trafficking victims identity. 

•  Encourage human trafficking training for court staff 

and community partners. 

•  Collaborate with community service providers. 
•  Adopt local court rules and procedures for 

managing human trafficking cases.

For more information please visit www.CSEInstitute.org or contact CSEILegal@law.villanova.edu 

This project was supported by subgrant No. 30268-2, awarded by the Pennsylvania Commission on Crime and Delinquency (PCCD) to the Administrative Office 
of Pennsylvania Courts (AOPC). The opinions, findings, conclusions and recommendations expressed in this publication are those of the author(s) and do not 
necessarily reflect the view of PCCD, the AOPC or the U.S. Department of Justice, Office on Violence Against Women. 
© Administrative Office of Pennsylvania Courts 2020. All rights reserved. 

 June 2020