§ 3065. Safe harbor for sexually exploited children.

343 words·~2 min read·/pa/title-18/chapter-30/3065

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Safe harbor.-- If it is determined by a law enforcement officer, after reasonable detention for investigative purposes, that an individual is under 18 years of age and is determined to be a sexually exploited child as defined in section 3001 (relating to definitions), the individual shall be immune from:

(1)Prosecution or adjudication as a delinquent child for a violation of sections 5507 (relating to obstructing highways and other public passages) and 5902(a) (relating to prostitution and related offenses).

(2)Revocation of an existing term of probation or parole arising from a conviction or adjudication for another offense if the revocation is based on conduct under paragraph (1).

(b)Exceptions to safe harbor.-- The safe harbor under subsection

(a)shall not:

(1)Interfere with or prevent an investigation, arrest, charge, prosecution, delinquency adjudication or revocation for violations other than a violation under subsection (a).

(2)Bar the admission of evidence in connection with the investigation and prosecution for a violation other than a violation under subsection (a).

(3)Bar the admission of evidence in connection with an investigation and prosecution of an individual who does not qualify for safe harbor as provided under this section.

(c)Detainment.-- An individual determined to be a sexually exploited child as defined in section 3001 (relating to definitions) shall be detained no longer than necessary and only to assist the child in securing specialized services available under section 3062 (relating to specialized services for sexually exploited children) or to refer the child to a county agency if required under 42 Pa.C.S. § 6328 (relating to dependency in lieu of delinquency).

(d)Immunity.-- In addition to any other immunity or limitation on civil liability, a law enforcement officer or prosecuting attorney who, acting in good faith, investigates, detains, charges or institutes delinquency proceedings against an individual who is thereafter determined to be entitled to immunity under this section shall not be subject to civil liability for the actions.

18c3071h

SUBCHAPTER E

MISCELLANEOUS PROVISIONS

Sec.

3071. Funding.

3072. Nonexclusivity.

18c3071s