An Act amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in offenses against the family, further providing for the offense of dealing in infant children; and, in depositions and witnesses, providing for sentencing considerations for child victim offenders.
HB 1616 allows Pennsylvania judges to consider a child offender's prior victimization in sentencing. If a child was sexually abused (as defined by specific offenses like rape or sexual assault under state law) and committed a crime directly because of that abuse or severe emotional distress, courts may reduce or eliminate prison time, skip fines, or transfer the case to juvenile court. The law does not apply to cases involving human trafficking or if the victim did not engage in prohibited conduct. This changes sentencing for children convicted of crimes where their own abuse was a direct cause.
Bill status
passed
3 of 5 stages cleared
Introduction
Jun 2025
Committee Review
Jun 2026
House Passage
Jun 2026
Senate Passage
Governor
Introduced Jun 16, 2025
Last action Jun 22, 2026
Maddy AI version diff · 1 comparison
What changed between versions
Printer's No. PN1933
→
Printer's No. PN3333
·
4 edits
MODERATE
The bill was significantly expanded to include a new crime called 'Dealing in Infant Children' while also updating the existing 'Sentencing considerations for child victim offenders' section. The scope changed from solely addressing sentencing leniency for abused children to actively criminalizing the trade, buying, or selling of infants under one year old, with specific exemptions for legal surrogacy and adoption. The definitions of prohibited sexual conduct were broadened to include additional offenses like involuntary deviate sexual intercourse and sexual assault.
Scope change
The bill's scope expanded from a single section in Title 42 regarding sentencing to a new, separate offense in Title 18 for trafficking infants, alongside the updated sentencing guidelines.
SCOPE
Added a new crime of 'Dealing in Infant Children' which makes it a first-degree felony to trade, barter, buy, sell, or deal in children one year of age or younger.
ELIGIBILITY
Created a specific legal exemption stating that the new dealing in infants charge does not apply to otherwise legal surrogacy or adoption arrangements.
DEFINITION
Expanded the list of 'prohibited sexual conduct' in the sentencing section to include five additional crimes, such as involuntary deviate sexual intercourse and sexual assault, beyond the original three.
TECHNICAL
Updated the bill's title, printer's number, and sponsor list to reflect amendments and the addition of the new surrogacy sponsor.
Floor votes · House Jun 16, 2026
How they voted
199–2
Passed
Total votes 201
Jun 16, 2026
D
Democratic102
98% Yea
R
Republican99
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
10
Key actions
3
Committee
4
Amendments
1
Jun 22, 2026
Committee
Referred to Judiciary
upper
Jun 16, 2026
Lower · Passed
Third consideration and final passage
lower
Jun 3, 2026
Lower · Passed
Re-reported as committed
lower
Jun 2, 2026
Committee
Re-committed to Appropriations
lower
May 4, 2026
Lower · Passed
Reported as amended
lower
Jun 16, 2025
Committee
Referred to Judiciary
lower
1 primary · 9 co-sponsors
Sponsors
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