Senate File 232 - Introduced SENATE FILE 232 BY SALMON A BILL FOR An Act relating to criminal and civil liability for 1 facilitating human trafficking, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1619XS (5) 90 cm/ns

S.F. 232 Section 1. Section 710A.2B, Code 2023, is amended to read 1 as follows: 2 710A.2B Premises or internet site used for human trafficking. 3 1. A person who owns, rents, leases, or uses any part of 4 a building, structure, boat, trailer, or other place offering 5 shelter or seclusion , or a person who owns an internet site , 6 and who knows, or has reason to know, that the building, 7 structure, boat, trailer, or other place offering shelter or 8 seclusion , or internet site is being used for the purposes of 9 human trafficking, commits a class “D” felony. 10 2. It shall be an affirmative defense to a prosecution of a 11 person pursuant to subsection 1 , if immediately upon acquiring 12 knowledge that the building, structure, boat, trailer, or other 13 place offering shelter or seclusion , or internet site is used 14 for the purposes of human trafficking, the person notifies a 15 law enforcement agency with jurisdiction and fully cooperates 16 with any subsequent investigation. 17 3. a. If a law enforcement agency notifies a person who 18 owns, rents, leases, or uses any part of a building, structure, 19 boat, trailer, or other place offering shelter or seclusion , 20 or who owns an internet site, of an investigation pursuant to 21 chapter 152C or 157 that may involve the building, structure, 22 boat, trailer, or other place offering shelter or seclusion , 23 or internet site , the person shall have an affirmative duty to 24 fully cooperate with the investigation. 25 b. A person who fails to fully cooperate with an 26 investigation pursuant to paragraph “a” commits a serious 27 misdemeanor. 28 4. For purposes of this section, “ internet site” includes 29 but is not limited to any internet site, application, or social 30 media platform that is open to the public, allows a user to 31 create an account, and enables users to communicate with other 32 users for the primary purpose of posting information, comments, 33 messages, or images. 34 Sec. 2. NEW SECTION . 710A.8 Civil liability —— 35 -1- LSB 1619XS (5) 90 cm/ns 1/ 2

S.F. 232 facilitation. 1 A victim of human trafficking or a parent, guardian, or 2 custodian of a human trafficking victim, has a right of action 3 against a social media platform, a social media application, or 4 an internet site, who acted in violation of this chapter or 47 5 U.S.C. §230, or who facilitated such a violation, for damages 6 sustained due to the victim’s physical or emotional distress, 7 or physical or emotional distress due to the absence of the 8 victim, as applicable, and for punitive damages. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to criminal and civil liability for 13 facilitating human trafficking. 14 The bill provides that a person who owns an internet site 15 used for purpose of human trafficking is guilty of a class “D” 16 felony, and a person who owns an internet site that fails to 17 cooperate with an investigation pursuant to Code chapter 152C 18 (massage therapy) or 157 (cosmetology) is guilty of a serious 19 misdemeanor. A class “D” felony is punishable by confinement 20 for no more than five years and a fine of at least $1,025 but 21 not more than $10,245. A serious misdemeanor is punishable by 22 confinement for no more than one year and a fine of at least 23 $430 but not more than $2,560. 24 The bill provides a victim of human trafficking or a parent, 25 guardian, or custodian of a human trafficking victim has a 26 right of action against a social media platform, a social 27 media application, or an internet site, who acted in violation 28 of Code chapter 710A (human trafficking) or federal law 29 (protection for private blocking and screening of offensive 30 material), or who facilitated such a violation, for damages 31 sustained due to the victim’s physical or emotional distress, 32 or physical or emotional distress due to the absence of the 33 victim, as applicable, and for punitive damages. 34 -2- LSB 1619XS (5) 90 cm/ns 2/ 2