H.R. 1865 — what changed

changed Congress finds It is the following:sense of Congress that—

added “2421A. Promotion or facilitation of prostitution and reckless disregard of sex trafficking

added “(a) In general—Whoever uses or operates a facility or means of interstate or foreign commerce 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.

added “(b) Aggravated violation—Whoever uses or operates a facility or means of interstate or foreign commerce with the intent to promote or facilitate the prostitution of another person and—

added “(1) promotes or facilitates the prostitution of 5 or more persons; or

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

added “(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. Consistent with section 230 of the Communications Act of 1934 (47 U.S.C. 230), a defendant may be held liable, under this subsection, where promotion or facilitation of prostitution activity includes responsibility for the creation or development of all or part of the information or content provided through any interactive computer service.

added “(d) Mandatory restitution—Notwithstanding sections 3663 or 3663A and in addition to any other civil or criminal penalties authorized by law, the court shall order restitution for any offense under this section.

added “(e) Affirmative Defense—It shall be an affirmative defense to a charge of violating subsection (a) 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.”

removed “(6) to ensure vigorous enforcement against providers and users of interactive computer services of Federal and State criminal and civil law relating to sexual exploitation of children or sex trafficking, including through the availability of a civil remedy for victims of sex trafficking.”

removed “(A) section”

removed “(B) any State criminal statute that prohibits—

removed “(i) sexual exploitation of children;

removed “(ii) sex trafficking of children; or

removed “(iii) sex trafficking by force, threats of force, fraud, or coercion.”

removed “(5) No effect on civil law relating to sexual exploitation of children or sex trafficking—Nothing in this section shall be construed to impair the enforcement or limit the application of—

removed “(A) section 1595 of title 18, United States Code; or

removed “(B) any other Federal or State law that provides causes of action, restitution, or other civil remedies to victims of—

removed “(i) sexual exploitation of children;

removed “(ii) sex trafficking of children; or

removed “(iii) sex trafficking by force, threats of force, fraud, or coercion.”

added Section 230(e) of the Communications Act of 1934 (47 U.S.C. 230(e)) is amended by adding at the end the following:

added “(5) No effect on state laws conforming to 18 u.s.c. 1591(a) or 2421a—Nothing in this section shall be construed to impair or limit any charge in a criminal prosecution brought under State law—

added “(A) if the conduct underlying the charge constitutes a violation of section 2421A of title 18, United States Code, and promotion or facilitation of prostitution is illegal in the jurisdiction where the defendant’s promotion or facilitation of prostitution was targeted; or

added “(B) if the conduct underlying the charge constitutes a violation of section 1591(a) of title 18, United States Code.”

removed “(6) “The terms “information content provider” and “interactive computer service” have the meanings given those terms in section 230 of the Communications Act of 1934 (47 U.S.C. 230).

removed “(7) The term “participation in a venture” includes knowing or reckless conduct by any person or entity and by any means that furthers or in anyway aids or abets the violation of subsection (a)(1).”

removed “(e)

removed “(1) Whoever, being a provider of an interactive computer service, publishes information provided by an information content provider, with reckless disregard that the information provided by the information content provider is in furtherance of an offense under subsection (a) or an attempt to commit such an offense, shall be fined in accordance with this title or imprisoned not more than 20 years, or both.

removed “(2) Nothing in paragraph (1) shall be construed to require the Federal Government in a prosecution, or a plaintiff in a civil action, to prove any intent on the part of the information content provider.”