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Volume X, Number 270

September 25, 2020

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Restitution Under Pennsylvania Human Trafficking Statute

I am concluding my Pennsylvania Human Trafficking Statute series with important information about restitution to victims. Also, as explained below, pursuant to the statute, victims of human trafficking may be eligible for benefits and compensation under the Crime Victims Act.

The Human Trafficking Statute provides that the following items may be included in an order of restitution:

  1. For the period during which the victim of human trafficking was engaged in involuntary servitude, the greater of the following:

    • The value of the victim’s time during the period of involuntary servitude as guaranteed under the minimum wage and overtime provisions of the laws of this Commonwealth.

    • The gross income or value to the defendant of the services of the victim.

    • The amount the victim was promised or the amount an individual in the position of the victim would have reasonably expected to earn. This clause shall not apply to the amount an individual would have reasonably expected to earn in an illegal activity.

  2. The return of property of the victim of human trafficking, cost of damage to the property or the replacement value of the property if taken, destroyed or damaged beyond repair as a result of human trafficking.

In addition, certain assets of individuals, entities, or organizations engaged in planning or perpetrating, supporting, or concealing an act in violation of the statute shall be subject to forfeiture and sale. After payment of expenses of the proceedings for forfeiture and sale, and reimbursement to law enforcement agencies, the balance of the proceeds shall be distributed as follows:

  • Thirty percent to the office of the prosecuting attorney to be used to investigate and prosecute human trafficking cases.

  • Seventy percent to the Pennsylvania Commission on Crime and Delinquency, one-half of which shall be used to fund grant programs and one-half to be used by the Office of Victims’ Services to provide services to victims of human trafficking as set forth in the Crime Victims Act.

Lawsuit Filed Under Pennsylvania’s Human Trafficking Law

Who Can Sue Under Pennsylvania Human Trafficking Statute?

Who Can Be Sued Under PA Human Trafficking Statute?

Victim’s Consent Not Defense Under PA Human Trafficking Statute

What Damages Are Available Under PA Human Trafficking Statute?

COPYRIGHT © 2020, STARK & STARKNational Law Review, Volume VII, Number 143


About this Author

Ian Abovitz, Stark and Stark Law Firm, Accident, Personal Injury Lawyer, Pennsylvania

Ian S. Abovitz is an Associate and member of Stark & Stark’s Accident & Personal Injury Group in the Yardley, Pennsylvania office. Mr. Abovitz concentrates his practice on complex injury, medical negligence and construction accident claims. Mr. Abovitz also handles other types of personal injury claims including motor vehicle accidents and slip and fall accidents. He has been honored by his inclusion in the list of Pennsylvania Super Lawyers Rising Stars.