HF 631 (LSB 2615YH (3) 88)

HOUSE FILE 631

BY  KACENA

A BILL FOR

An Act relating to criminal and civil liability of a person who owns, manages, or operates an interactive computer service with the intent to promote or facilitate commercial sexual activity and human trafficking, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 710A.1, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  4A.  “Interactive computer service” means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.
    Sec. 2.  Section 710A.2, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  7A.  a.  A person with a facility in this state, who owns, manages, or operates an interactive computer service, or conspires or attempts to do so, with the intent to promote or facilitate the commercial sexual activity of another person, is guilty of a class “D” felony, except that if the victim is under the age of eighteen, the person is guilty of a class “C” felony.
   b.  (1)  A person with a facility in this state, who owns, manages, or operates an interactive computer service, or conspires or attempts to do so, with the intent to promote or facilitate the commercial sexual activity or human trafficking of another person, is guilty of a class “C” felony if any of the following occur:
   (a)  The person promotes or facilitates the commercial sexual activity of five or more persons.
   (b)  The person acts in reckless disregard of the fact that such conduct contributed to human trafficking.
   (2)  If a person commits a violation of this paragraph and the victim is under the age of eighteen, the person is guilty of a class “B” felony.
   c.  Any person injured by reason of a violation of paragraph “b” may recover damages and reasonable attorney fees in an action before any appropriate district court.
   d.  In addition to any other civil or criminal penalties authorized by law, the court shall order restitution to the victim for the full amount of the victim’s losses, as determined by the court, for any violation of paragraph “b”, subparagraph (2).
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to criminal and civil liability of a person who owns, manages, or operates an interactive computer service with the intent to promote or facilitate commercial sexual activity and human trafficking, and provides penalties.
   The bill defines “interactive computer service” as any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet, and such systems operated or services offered by libraries or educational institutions.
   The bill provides that a person with a facility in this state, who owns, manages, or operates an interactive computer service, or conspires or attempts to do so, with the intent to promote or facilitate the commercial sexual activity of another person, is guilty of a class “D” felony, except that if the victim is under the age of 18, the person is guilty of a class “C” felony. If the person either promotes or facilitates the commercial sexual activity of five or more persons or acts in reckless disregard of the fact that such conduct contributed to human trafficking, the person is guilty of a class “C” felony, except that if the victim is under the age of 18, the person is guilty of a class “B” felony. A person injured may recover damages and reasonable attorney fees in an action in district court. A court must order the defendant to pay restitution to the victim for the full amount of the victim’s losses, as determined by the court, in addition to any other civil or criminal penalties, in which a person acts in reckless disregard of the fact that such conduct contributed to human trafficking.
   A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000. A class “B” felony is punishable by confinement for no more than 25 years.