United StatesAllow States and Victims to Fight Online Sex Trafficking Act, promotion or facilitation of prostitution and reckless disregard of sex trafficking by an interactive computer service
In force.
A specific illegal content rule binding public and private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- Do not own, manage or operate an interactive computer service, or conspire or attempt to do so, with the intent to promote or facilitate the prostitution of another person: section 2421A(a) makes that a federal offense.
- Do not own, manage or operate an interactive computer service with that intent while promoting or facilitating the prostitution of 5 or more persons, or while acting in reckless disregard of the fact that your conduct contributed to sex trafficking in violation of section 1591(a): section 2421A(b) makes that an aggravated offense, and an injured person may recover damages and attorneys' fees from you under section 2421A(c).
These lines are LexLint's reading of the law's text, as of . Also read by: Woodhull Freedom Foundation v. United States, 72 F.4th 1286 (D.C. Cir. 2023) (recorded ).
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Imprisonment for not more than 10 years for a violation of subsection (a), and for not more than 25 years for an aggravated violation of subsection (b), with a fine under title 18 in each case.
Who enforces it
Settledness
- As of
- Case link
- https://www.govinfo.gov/content/pkg/USCOURTS-caDC-22-05105/pdf/USCOURTS-caDC-22-05105-0.pdf
- Case citation
- Woodhull Freedom Foundation v. United States, 72 F.4th 1286 (D.C. Cir. 2023)
- Open questions
- How far does intent to "promote or facilitate the prostitution of another person" reach beyond aiding and abetting that prostitution under section 2421A(a)?
- What conduct is "in reckless disregard of the fact that such conduct contributed to sex trafficking" under section 2421A(b)(2)?
What this law does
Section 2421A of title 18 makes it a federal crime for a person who, 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, or conspires or attempts to do so, to act with the intent to promote or facilitate the prostitution of another person.
Subsection (b) treats the offense as aggravated where the person promotes or facilitates the prostitution of 5 or more persons, or acts in reckless disregard of the fact that the conduct contributed to sex trafficking in violation of section 1591(a). An aggravated violation is punishable by a fine, imprisonment for not more than 25 years, or both.
Any person injured by reason of a violation of subsection (b) may recover damages and reasonable attorneys' fees in an action before any appropriate United States district court. The court must order restitution for any violation of subsection (b)(2).
It is an affirmative defense to a charge under subsection (a), or subsection (b)(1), that the defendant proves, by a preponderance of the evidence, that the promotion or facilitation of prostitution is legal in the jurisdiction where it was targeted. Public Law 115-164 added section 2421A to title 18 on .
Section 230 of the Communications Act of 1934 does not impair a State criminal prosecution where the conduct underlying the charge would violate section 2421A and promotion or facilitation of prostitution is illegal in the jurisdiction where the defendant's promotion or facilitation of prostitution was targeted.
When LexLint raises it
When your app profile says your app operates a social platform.