§2421A Promotion or Facilitation of Prostitution and Reckless Disregard of Sex Trafficking

Summary

It makes it a crime for someone who owns, runs, or manages an online service to use the internet or other tools that cross state or national lines to promote or help another person engage in prostitution. A person who does this can be fined, put in prison for up to 10 years, or both. The penalty is harsher — up to 25 years and fines — if they promote prostitution of five or more people or if they act with reckless disregard that their actions helped sex trafficking (a federal crime). Someone harmed by an aggravated violation can sue in federal court for money and lawyers’ fees. If the reckless-disregard conduct helped sex trafficking, the court must order restitution as required by federal law. A defendant can avoid conviction for the basic or the five-person charge by proving, more likely than not, that the promotion was legal where it was aimed.