H. R. 1865 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and eighteen 

An Act 

To amend the Communications Act of 1934 to clarify that section 230 of such 

Act does not prohibit the 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, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Allow States and Victims to 

Fight Online Sex Trafficking Act of 2017’’. 

SEC. 2. SENSE OF CONGRESS. 

It is the sense of Congress that— 

(1) section 230 of the Communications Act of 1934 (47 

U.S.C. 230; commonly known as the ‘‘Communications Decency 

Act of 1996’’) was never intended to provide legal protection 

to websites that unlawfully promote and facilitate prostitution 

and websites that facilitate traffickers in advertising the sale 

of unlawful sex acts with sex trafficking victims; 

(2) websites that promote and facilitate prostitution have 

been reckless in allowing the sale of sex trafficking victims 

and have done nothing to prevent the trafficking of children 

and victims of force, fraud, and coercion; and 

(3) clarification of such section is warranted to ensure 

that such section does not provide such protection to such 

websites. 

SEC. 3. PROMOTION OF PROSTITUTION AND RECKLESS DISREGARD 

OF SEX TRAFFICKING. 

(a) PROMOTION OF PROSTITUTION.—Chapter 117 of title 18, 

United States Code, is amended by inserting after section 2421 

the following: 

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

‘‘(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 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 
H. R. 1865—2 

or foreign commerce, owns, manages, or operates an interactive 

computer service (as such term is defined in defined in 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 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 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.’’. 

(b) TABLE OF CONTENTS.—The table of contents for such chapter 

is amended by inserting after the item relating to section 2421 

the following: 

‘‘2421A. Promotion or facilitation of prostitution and reckless disregard of sex trafficking.’’. 

SEC. 4. ENSURING ABILITY TO ENFORCE FEDERAL AND STATE 

CRIMINAL AND CIVIL LAW RELATING TO SEX TRAFFICKING. 

(a) IN GENERAL.—Section 230(e) of the Communications Act 

of 1934 (47 U.S.C. 230(e)) is amended by adding at the end the 

following: 

‘‘(5) NO EFFECT ON SEX TRAFFICKING LAW.—Nothing in this 

section (other than subsection (c)(2)(A)) shall be construed to 

impair or limit— 

‘‘(A) any claim in a civil action brought under section 

1595 of title 18, United States Code, if the conduct underlying the claim constitutes a violation of section 1591 of 

that title; 

‘‘(B) any charge in a criminal prosecution brought 

under State law if the conduct underlying the charge would 

constitute a violation of section 1591 of title 18, United 

States Code; or 

‘‘(C) any charge in a criminal prosecution brought 

under State law if the conduct underlying the charge would 

constitute 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.’’. 

(b) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act, and 

the amendment made by subsection (a) shall apply regardless of 
H. R. 1865—3 

whether the conduct alleged occurred, or is alleged to have occurred, 

before, on, or after such date of enactment. 

SEC. 5. ENSURING FEDERAL LIABILITY FOR PUBLISHING INFORMATION DESIGNED TO FACILITATE SEX TRAFFICKING OR 

OTHERWISE FACILITATING SEX TRAFFICKING. 

Section 1591(e) of title 18, United States Code, is amended— 

(1) by redesignating paragraphs (4) and (5) as paragraphs 

(5) and (6), respectively; and 

(2) by inserting after paragraph (3) the following: 

‘‘(4) The term ‘participation in a venture’ means knowingly 

assisting, supporting, or facilitating a violation of subsection 

(a)(1).’’. 

SEC. 6. ACTIONS BY STATE ATTORNEYS GENERAL. 

(a) IN GENERAL.—Section 1595 of title 18, United States Code, 

is amended by adding at the end the following: 

‘‘(d) In any case in which the attorney general of a State 

has reason to believe that an interest of the residents of that 

State has been or is threatened or adversely affected by any person 

who violates section 1591, the attorney general of the State, as 

parens patriae, may bring a civil action against such person on 

behalf of the residents of the State in an appropriate district court 

of the United States to obtain appropriate relief.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 1595 

of title 18, United States Code, is amended— 

(1) in subsection (b)(1), by striking ‘‘this section’’ and 

inserting ‘‘subsection (a)’’; and 

(2) in subsection (c), in the matter preceding paragraph 

(1), by striking ‘‘this section’’ and inserting ‘‘subsection (a)’’. 

SEC. 7. SAVINGS CLAUSE. 

Nothing in this Act or the amendments made by this Act 

shall be construed to limit or preempt any civil action or criminal 

prosecution under Federal law or State law (including State statutory law and State common law) filed before or after the day 

before the date of enactment of this Act that was not limited 

or preempted by section 230 of the Communications Act of 1934 

(47 U.S.C. 230), as such section was in effect on the day before 

the date of enactment of this Act. 

SEC. 8. GAO STUDY. 

On the date that is 3 years after the date of the enactment 

of this Act, the Comptroller General of the United States shall 

conduct a study and submit to the Committees on the Judiciary 

of the House of Representatives and of the Senate, the Committee 

on Homeland Security of the House of Representatives, and the 

Committee on Homeland Security and Governmental Affairs of 

the Senate, a report which includes the following: 

(1) Information on each civil action brought pursuant to 

section 2421A(c) of title 18, United States Code, that resulted 

in an award of damages, including the amount claimed, the 

nature or description of the losses claimed to support the 

amount claimed, the losses proven, and the nature or description of the losses proven to support the amount awarded. 

(2) Information on each civil action brought pursuant to 

section 2421A(c) of title 18, United States Code, that did not 

result in an award of damages, including— 
H. R. 1865—4 

(A) the amount claimed and the nature or description 

of the losses claimed to support the amount claimed; and 

(B) whether the case was dismissed, and if the case 

was dismissed, information describing the reason for the 

dismissal. 

(3) Information on each order of restitution entered pursuant to section 2421A(d) of title 18, United States Code, 

including— 

(A) whether the defendant was a corporation or an 

individual; 

(B) the amount requested by the Government and the 

justification for, and calculation of, the amount requested, 

if restitution was requested; and 

(C) the amount ordered by the court and the justification for, and calculation of, the amount ordered. 

(4) For each defendant convicted of violating section 

2421A(b) of title 18, United States Code, that was not ordered 

to pay restitution— 

(A) whether the defendant was a corporation or an 

individual; 

(B) the amount requested by the Government, if restitution was requested; and 

(C) information describing the reason that the court 

did not order restitution. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.