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18 U.S.C. § 2421A — Promotion or facilitation of prostitution and reckless disregard of sex trafficking

submitted 8 years ago by Pub. L. 115-164 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 333 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person who uses interstate or foreign commerce to operate an interactive computer service intending to promote or facilitate another person’s prostitution may face a fine, imprisonment, or both. Higher penalties, civil damages, and restitution apply in specified circumstances, and a limited affirmative defense is available.

(a) In general. A person who, using a facility or means of interstate or foreign commerce or activity affecting that commerce, owns, manages, or operates an interactive computer service, or conspires or attempts to do so, with the intent to promote or facilitate another person’s prostitution, may be fined under this title, imprisoned for up to 10 years, or both. “Interactive computer service” has the meaning in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)); this section does not define that term. (b) Aggravated violation. The person is subject to a fine, imprisonment for up to 25 years, or both, if the conduct described in subsection (a) also (1) promotes or facilitates the prostitution of 5 or more people, or (2) is done with reckless disregard that it contributed to sex trafficking in violation of section 1591(a). (c) Civil recovery. Anyone injured because of a violation of subsection (b) may recover damages and reasonable attorney fees in an action in an appropriate United States district court. (d) Mandatory restitution. Despite sections 3663 and 3663A, and in addition to other civil or criminal penalties allowed by law, the court must order restitution for a violation of subsection (b)(2). The restitution’s scope and nature must be consistent with section 2327(b). (e) Affirmative defense. A defendant charged under subsection (a), or under subsection (b)(1), has an affirmative defense if the defendant proves by a preponderance of the evidence that promoting or facilitating prostitution was legal in the jurisdiction where the conduct was targeted.

the actual law source: uscode.house.gov ↗public domain
(a)In General.—

Whoever, using a facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, owns, manages, or operates an interactive computer service (as such term is defined in defined in 1 section 230(f) the Communications Act of 1934 (47 U.S.C. 230(f))), or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person shall be fined under this title, imprisoned for not more than 10 years, or both.

(b)Aggravated Violation.—

Whoever, using a facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, owns, manages, or operates an interactive computer service (as such term is defined in defined in 1 section 230(f) the Communications Act of 1934 (47 U.S.C. 230(f))), or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person and—

(1)

promotes or facilitates the prostitution of 5 or more persons; or

(2)

acts in reckless disregard of the fact that such conduct contributed to sex trafficking, in violation of 2 1591(a),

shall be fined under this title, imprisoned for not more than 25 years, or both.

(c)Civil Recovery.—

Any person injured by reason of a violation of section 2421A(b) may recover damages and reasonable attorneys’ fees in an action before any appropriate United States district court.

(d)Mandatory Restitution.—

Notwithstanding sections 3 3663 or 3663A and in addition to any other civil or criminal penalties authorized by law, the court shall order restitution for any violation of subsection (b)(2). The scope and nature of such restitution shall be consistent with section 2327(b).

(e)Affirmative Defense.—

It shall be an affirmative defense to a charge of violating subsection (a), or subsection (b)(1) where the defendant proves, by a preponderance of the evidence, that the promotion or facilitation of prostitution is legal in the jurisdiction where the promotion or facilitation was targeted.

Source credit: (Added Pub. L. 115–164, § 3(a), Apr. 11, 2018, 132 Stat. 1253.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 115-164 · 132 Stat. 1253

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-164 on 2018-04-11.

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