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
PL 115-164 (H.R.1865), enacted 04/11/2018

132 STAT. 1253 
PUBLIC LAW 115–164—APR. 11, 2018 
Public Law 115–164 
115th Congress 
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 reck-
less disregard of sex trafficking 
‘‘(a) IN GENERAL.—Whoever, using a facility or means of inter-
state 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, impris-
oned 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 
18 USC 2421A. 
47 USC 230 note. 
18 USC 1 note. 
Allow States and 
Victims to Fight 
Online Sex 
Trafficking Act 
of 2017. 
Apr. 11, 2018 
[H.R. 1865] 
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132 STAT. 1254 
PUBLIC LAW 115–164—APR. 11, 2018 
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 con-
spires 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 viola-
tion of section 2421A(b) may recover damages and reasonable attor-
neys’ 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 jurisdic-
tion 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 traf-
ficking.’’. 
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 under-
lying 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 pro-
motion 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 
Applicability. 
47 USC 230 note. 
18 USC 
prec. 2421. 
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132 STAT. 1255 
PUBLIC LAW 115–164—APR. 11, 2018 
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 INFORMA-
TION 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 statu-
tory 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 descrip-
tion 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— 
Time period. 
Reports. 
47 USC 230 note. 
Definition. 
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132 STAT. 1256 
PUBLIC LAW 115–164—APR. 11, 2018 
LEGISLATIVE HISTORY—H.R. 1865: 
HOUSE REPORTS: No. 115–572, Pt. 1 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 164 (2018): 
Feb. 27, considered and passed House. 
Mar. 21, considered and passed Senate. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018): 
Apr. 11, Presidential remarks. 
(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 pursu-
ant 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 justifica-
tion 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 res-
titution was requested; and 
(C) information describing the reason that the court 
did not order restitution. 
Approved April 11, 2018. 
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