Title 18 — Crimes and Criminal ProcedureRelease 119-73

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

Title 18 › Part PART I— - CRIMES › Chapter CHAPTER 117— - TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED CRIMES › § 2421A

Last updated Apr 6, 2026|Official source

Summary

It is a crime to use an online service to promote or help someone else engage in prostitution. That includes owning, running, or operating the platform, or trying or planning to do so. "Interactive computer service" means an online platform under the Communications Act (47 U.S.C. 230(f)). If someone does this on purpose, they can be fined, jailed for up to 10 years, or both. The law is tougher if the person promotes prostitution for five or more people, or if they act while recklessly ignoring that their actions helped sex trafficking (see 22 U.S.C. 1591). A person harmed by those acts can sue in federal court and get money damages and attorney fees. If the conduct recklessly contributed to sex trafficking, the court must also order restitution consistent with section 2327(b). It is a defense if the defendant proves, by showing it is more likely than not, that the promotion was legal where it was aimed (applies to the basic offense and the five-or-more-people case).

Full Legal Text

Title 18, §2421A

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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 11 So in original. 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)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 1 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 22 So in original. Probably should be followed by “section”. 1591(a),

(c)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)Notwithstanding section 33 So in original. Probably should be “section”. 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)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.

Reference

Citations & Metadata

Citation

18 U.S.C. § 2421A

Title 18 — Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73