What 18 USC 2421A - Promotion or Facilitation of Prostitution and Reckless Disregard of Sex Trafficking (FOSTA-SESTA) requires
18 USC 2421A (added by the Allow States and Victims to Fight Online Sex Trafficking Act of 2017 / Stop Enabling Sex Traffickers Act, FOSTA-SESTA, Pub L 115-164) criminalises owning, managing or operating any interactive computer service using interstate or foreign commerce with intent to promote or facilitate the prostitution of another person; subsection (b) creates an aggravated 25-year offense where the conduct promotes prostitution of 5 or more persons or is committed in reckless disregard that it contributed to sex trafficking; subsection (c) creates a private civil cause of action for victims; subsection (d) mandates restitution under section 2327(b); subsection (e) provides an affirmative defense where promotion or facilitation is legal in the targeted jurisdiction.
Pillar: Adult Industry & Sexual Content Compliance · Authority: United States Congress (enacted by Pub L 115-164, FOSTA-SESTA, 11 April 2018) · Version: 1.0.0 · Last updated:
Primary source: https://www.law.cornell.edu/uscode/text/18/2421A
SHA-256 integrity: 60f85b746039da806d43e026bf145d78d946ae4862e70fea893c0141ae5548b7
Primary Citations — 5 traced to source
- 18 USC 2421A(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.'
- 18 USC 2421A(b) AGGRAVATED VIOLATION: '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... 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.'
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- Discovery (free): /api/v1/nodes/us-18-usc-2421a-fosta-promoting-prostitution-online.json — 6-field metadata
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