Allow States and Victims to Fight Online Sex Trafficking Act of 2017

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. 1. Short title This Act may be cited as the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 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 Communications Decency Act of 1996 (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. 3. Promotion of prostitution and reckless disregard of sex trafficking (a) Promotion of prostitution Chapter 117 section 2421 2421A. Promotion or facilitation of prostitution and reckless disregard of sex trafficking (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. (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— (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. Consistent with section 230 of the Communications Act of 1934 ( 47 U.S.C. 230 (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. (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. . (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. . 4. Communications decency act Section 230(e) of the Communications Act of 1934 ( 47 U.S.C. 230(e) (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— (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 (B) if the conduct underlying the charge constitutes a violation of section 1591(a) of title 18, United States Code. . 5. 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 February 20, 2018 Reported from the Committee on the Judiciary February 20, 2018 The Committee on Energy and Commerce

Summary: Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (Sec. 2) This bill expresses the sense of Congress that section 230 of the Communications Act of 1934 was not 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. Section 230 limits the legal liability of interactive computer service providers or users for content they publish that was created by others. (Sec. 3) The bill amends the federal criminal code to add a new section that imposes penalties—a fine, a prison term of up to 10 years, or both—on a person who, using a facility or means of interstate or foreign commerce, owns, manages, or operates an interactive computer service (or attempts or conspires to do so) to promote or facilitate the prostitution of another person. Additionally, it establishes enhanced penalties—a fine, a prison term of up to 25 years, or both—for a person who commits the offense in one of the following aggravating circumstances: (1) promotes or facilitates the prostitution of five or more persons, or (2) acts with reckless disregard that such conduct contributes to sex trafficking. A person injured by an aggravated offense may recover damages and attorneys' fees in a federal civil action. A court must order mandatory restitution, in addition to other criminal or civil penalties, for an aggravated offense in which a person acts with reckless disregard that such conduct contributes to sex trafficking. A defendant may assert, as an affirmative defense, that the promotion or facilitation of prostitution is legal in the jurisdiction where it was targeted. (Sec. 4) The bill amends the Communications Act of 1934 to declare that section 230 does not limit: (1) a federal civil claim for conduct that constitutes sex trafficking, (2) a federal criminal charge for conduct that constitutes sex trafficking, or (3) a state criminal charge for conduct that promotes or facilitates prostitution in violation of this bill. The amendments apply regardless of whether alleged conduct occurs before, on, or after this bill's enactment. (Sec. 5) The bill amends the federal criminal code to define a phrase related to the prohibition on sex trafficking. Currently, it a crime to knowingly benefit from participation in a venture that engages in sex trafficking. This bill defines "participation in a venture" to mean knowingly assisting, supporting, or facilitating a sex trafficking violation. (Sec. 6) A state may file a federal civil action to enforce federal sex trafficking violations. (Sec. 7) This section states that this bill does not limit federal or state civil actions or criminal prosecutions that are not preempted by section 230 of the Communications Act of 1934. (Sec. 8) The Government Accountability Office must report to Congress on information related to damages and mandatory restitution for aggravated offenses under this bill.