Bill > HB1616

This bill amends Pennsylvania law to provide judges with discretionary sentencing considerations for child offenders who committed a crime as a result of being a victim of sexual abuse within the year prior to their offense. Specifically, if a court finds by clear and convincing evidence that the child offender was a victim of prohibited sexual conduct that directly influenced their criminal action or caused substantial emotional distress, the judge may take several alternative actions: depart from mandatory minimum sentences, impose a guilt determination without penalty, transfer the case to juvenile court, or reduce/waive fines and court costs. The bill explicitly excludes certain serious sexual offenses and cases involving victims who did not engage in prohibited sexual conduct from these considerations. The bill defines "prohibited sexual conduct" as a range of sexual offenses including human trafficking, rape, sexual assault, indecent assault, sexual abuse of children, and prostitution-related offenses. The legislation aims to provide judicial flexibility when recognizing the potential traumatic impacts of sexual abuse on a child offender's criminal behavior. The bill will take effect 60 days after its passage.

Justice

https://www.legis.state.pa.us/cfdocs/billinfo/bill_history.cfm?syear=2025&sind=0&body=H&type=B&bn=1616