{"identifier":"/us/usc/t18/s2421A","title":18,"num":"\u00a7\u202f2421A.","heading":"Promotion or facilitation of prostitution and reckless disregard of sex trafficking","text":"\u00a7\u202f2421A.\nPromotion or facilitation of prostitution and reckless disregard of sex trafficking\n(a)\nIn General.\u2014\nWhoever, 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\n1\n1 So in original.\n47 U.S.C. 230(f)\n(b)\nAggravated Violation.\u2014\nWhoever, 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\n(1) promotes or facilitates the prostitution of 5 or more persons; or\n(2) acts in reckless disregard of the fact that such conduct contributed to sex trafficking, in violation of\n2\n2 So in original. Probably should be followed by \u201csection\u201d.\nshall be fined under this title, imprisoned for not more than 25 years, or both.\n(c)\nCivil Recovery.\u2014\nAny person injured by reason of a violation of section 2421A(b) may recover damages and reasonable attorneys\u2019 fees in an action before any appropriate United States district court.\n(d)\nMandatory Restitution.\u2014\nNotwithstanding sections\n3\n3 So in original. Probably should be \u201csection\u201d.\n(e)\nAffirmative Defense.\u2014\nIt 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.","url":"https://projectusc.org/usc/t18/s2421A.html","content":[{"t":"sec","id":"/us/usc/t18/s2421A","children":[{"t":"num","text":"\u00a7\u202f2421A."},{"t":"heading","text":"Promotion or facilitation of prostitution and reckless disregard of sex trafficking"},{"t":"subsec","id":"/us/usc/t18/s2421A/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In General.\u2014"},{"t":"content","text":"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\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original."},{"t":"text","text":"\u202fSo in original.","tail":" section 230(f) the Communications Act of 1934 ("},{"t":"ref","text":"47 U.S.C. 230(f)","href":"/us/usc/t47/s230/f","tail":")), 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."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t18/s2421A/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Aggravated Violation.\u2014"},{"t":"chapeau","text":"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\u202f","children":[{"t":"text","text":"1","tail":" section 230(f) the Communications Act of 1934 ("},{"t":"ref","text":"47 U.S.C. 230(f)","href":"/us/usc/t47/s230/f","tail":")), or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person and\u2014"}]},{"t":"para","id":"/us/usc/t18/s2421A/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" promotes or facilitates the prostitution of 5 or more persons; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t18/s2421A/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" acts in reckless disregard of the fact that such conduct contributed to sex trafficking, in violation of\u202f","children":[{"t":"ref","text":"2"},{"t":"num","text":"2","tail":"\u202fSo in original. Probably should be followed by \u201csection\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be followed by \u201csection\u201d.","tail":" 1591(a),"}],"tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"shall be fined under this title, imprisoned for not more than 25 years, or both.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t18/s2421A/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Civil Recovery.\u2014"},{"t":"content","text":"Any person injured by reason of a violation of section 2421A(b) may recover damages and reasonable attorneys\u2019 fees in an action before any appropriate United States district court.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t18/s2421A/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Mandatory Restitution.\u2014"},{"t":"content","text":"Notwithstanding sections\u202f","children":[{"t":"ref","text":"3"},{"t":"num","text":"3","tail":"\u202fSo in original. Probably should be \u201csection\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201csection\u201d.","tail":" 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)."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t18/s2421A/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Affirmative Defense.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"}]}]}