---
kind: "section"
citation: "18 U.S.C. § 2421A"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "2421A"
heading: "Promotion or facilitation of prostitution and reckless disregard of sex trafficking"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/18/2421A"
units:
  - "Part I — Crimes"
  - "Chapter 117 — Transportation for Illegal Sexual Activity and Related Crimes"
---

# §2421A. Promotion or facilitation of prostitution and reckless disregard of sex trafficking

- (a) **In General.—** [Whoever](/usc/18/921.md?p=a-1), using a facility or means of [interstate or foreign commerce](/usc/18/921.md?p=a-2) or in or affecting [interstate or foreign commerce](/usc/18/921.md?p=a-2), owns, manages, or operates an interactive [computer](/usc/18/2256.md?p=6) service (as such term is defined in defined in[^1] section 230(f) the Communications Act of 1934 ([47 U.S.C. 230(f)](/usc/47/230.md?p=f))), or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another [person](/usc/18/229F.md?p=5) shall be fined under this title, imprisoned for not more than 10 years, or both.
- (b) **Aggravated Violation.—** [Whoever](/usc/18/921.md?p=a-1), using a facility or means of [interstate or foreign commerce](/usc/18/921.md?p=a-2) or in or affecting [interstate or foreign commerce](/usc/18/921.md?p=a-2), owns, manages, or operates an interactive [computer](/usc/18/2256.md?p=6) service (as such term is defined in defined in[^1] section 230(f) the Communications Act of 1934 ([47 U.S.C. 230(f)](/usc/47/230.md?p=f))), or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another [person](/usc/18/229F.md?p=5) and—
  - (1) promotes or facilitates the prostitution of 5 or more [persons](/usc/18/229F.md?p=5); 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](/usc/18/229F.md?p=5) injured by reason of a violation of [section 2421A(b)](#b) may recover damages and reasonable attorneys’ fees in an action before any appropriate [United States](/usc/18/229F.md?p=9) 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)](#b-2). The scope and nature of such restitution shall be consistent with [section 2327(b)](/usc/18/2327.md?p=b).
- (e) **Affirmative Defense.—** It shall be an affirmative defense to a charge of violating [subsection (a)](#a), or [subsection (b)(1)](#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.

## Footnotes

[^1]: So in original.
[^2]: So in original. Probably should be followed by “section”.
[^3]: So in original. Probably should be “section”.

## Source credit

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