Print
House File 631 - IntroducedA Bill ForAn Act 1relating to criminal and civil liability of a person who
2owns, manages, or operates an interactive computer service
3with the intent to promote or facilitate commercial sexual
4activity and human trafficking, and providing penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 710A.1, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 4A. “Interactive computer service” means
4any information service, system, or access software provider
5that provides or enables computer access by multiple users to
6a computer server, including specifically a service or system
7that provides access to the internet and such systems operated
8or services offered by libraries or educational institutions.
9 Sec. 2. Section 710A.2, Code 2019, is amended by adding the
10following new subsection:
11 NEW SUBSECTION. 7A. a. A person with a facility in this
12state, who owns, manages, or operates an interactive computer
13service, or conspires or attempts to do so, with the intent to
14promote or facilitate the commercial sexual activity of another
15person, is guilty of a class “D” felony, except that if the
16victim is under the age of eighteen, the person is guilty of a
17class “C” felony.
18b. (1) A person with a facility in this state, who owns,
19manages, or operates an interactive computer service, or
20conspires or attempts to do so, with the intent to promote or
21facilitate the commercial sexual activity or human trafficking
22of another person, is guilty of a class “C” felony if any of the
23following occur:
24(a) The person promotes or facilitates the commercial
25sexual activity of five or more persons.
26(b) The person acts in reckless disregard of the fact that
27such conduct contributed to human trafficking.
28(2) If a person commits a violation of this paragraph and
29the victim is under the age of eighteen, the person is guilty
30of a class “B” felony.
31c. Any person injured by reason of a violation of paragraph
32“b” may recover damages and reasonable attorney fees in an
33action before any appropriate district court.
34d. In addition to any other civil or criminal penalties
35authorized by law, the court shall order restitution to
-1-1the victim for the full amount of the victim’s losses, as
2determined by the court, for any violation of paragraph “b”,
3subparagraph (2).
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to criminal and civil liability of a person
8who owns, manages, or operates an interactive computer service
9with the intent to promote or facilitate commercial sexual
10activity and human trafficking, and provides penalties.
11The bill defines “interactive computer service” as any
12information service, system, or access software provider that
13provides or enables computer access by multiple users to a
14computer server, including specifically a service or system
15that provides access to the internet, and such systems operated
16or services offered by libraries or educational institutions.
17The bill provides that a person with a facility in this
18state, who owns, manages, or operates an interactive computer
19service, or conspires or attempts to do so, with the intent to
20promote or facilitate the commercial sexual activity of another
21person, is guilty of a class “D” felony, except that if the
22victim is under the age of 18, the person is guilty of a class
23“C” felony. If the person either promotes or facilitates the
24commercial sexual activity of five or more persons or acts in
25reckless disregard of the fact that such conduct contributed
26to human trafficking, the person is guilty of a class “C”
27felony, except that if the victim is under the age of 18, the
28person is guilty of a class “B” felony. A person injured may
29recover damages and reasonable attorney fees in an action
30in district court. A court must order the defendant to pay
31restitution to the victim for the full amount of the victim’s
32losses, as determined by the court, in addition to any other
33civil or criminal penalties, in which a person acts in reckless
34disregard of the fact that such conduct contributed to human
35trafficking.
-2- 1A class “D” felony is punishable by confinement for no more
2than five years and a fine of at least $750 but not more than
3$7,500. A class “C” felony is punishable by confinement for no
4more than 10 years and a fine of at least $1,000 but not more
5than $10,000. A class “B” felony is punishable by confinement
6for no more than 25 years.
-3-as/rh
2owns, manages, or operates an interactive computer service
3with the intent to promote or facilitate commercial sexual
4activity and human trafficking, and providing penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 710A.1, Code 2019, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 4A. “Interactive computer service” means
4any information service, system, or access software provider
5that provides or enables computer access by multiple users to
6a computer server, including specifically a service or system
7that provides access to the internet and such systems operated
8or services offered by libraries or educational institutions.
9 Sec. 2. Section 710A.2, Code 2019, is amended by adding the
10following new subsection:
11 NEW SUBSECTION. 7A. a. A person with a facility in this
12state, who owns, manages, or operates an interactive computer
13service, or conspires or attempts to do so, with the intent to
14promote or facilitate the commercial sexual activity of another
15person, is guilty of a class “D” felony, except that if the
16victim is under the age of eighteen, the person is guilty of a
17class “C” felony.
18b. (1) A person with a facility in this state, who owns,
19manages, or operates an interactive computer service, or
20conspires or attempts to do so, with the intent to promote or
21facilitate the commercial sexual activity or human trafficking
22of another person, is guilty of a class “C” felony if any of the
23following occur:
24(a) The person promotes or facilitates the commercial
25sexual activity of five or more persons.
26(b) The person acts in reckless disregard of the fact that
27such conduct contributed to human trafficking.
28(2) If a person commits a violation of this paragraph and
29the victim is under the age of eighteen, the person is guilty
30of a class “B” felony.
31c. Any person injured by reason of a violation of paragraph
32“b” may recover damages and reasonable attorney fees in an
33action before any appropriate district court.
34d. In addition to any other civil or criminal penalties
35authorized by law, the court shall order restitution to
-1-1the victim for the full amount of the victim’s losses, as
2determined by the court, for any violation of paragraph “b”,
3subparagraph (2).
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill relates to criminal and civil liability of a person
8who owns, manages, or operates an interactive computer service
9with the intent to promote or facilitate commercial sexual
10activity and human trafficking, and provides penalties.
11The bill defines “interactive computer service” as any
12information service, system, or access software provider that
13provides or enables computer access by multiple users to a
14computer server, including specifically a service or system
15that provides access to the internet, and such systems operated
16or services offered by libraries or educational institutions.
17The bill provides that a person with a facility in this
18state, who owns, manages, or operates an interactive computer
19service, or conspires or attempts to do so, with the intent to
20promote or facilitate the commercial sexual activity of another
21person, is guilty of a class “D” felony, except that if the
22victim is under the age of 18, the person is guilty of a class
23“C” felony. If the person either promotes or facilitates the
24commercial sexual activity of five or more persons or acts in
25reckless disregard of the fact that such conduct contributed
26to human trafficking, the person is guilty of a class “C”
27felony, except that if the victim is under the age of 18, the
28person is guilty of a class “B” felony. A person injured may
29recover damages and reasonable attorney fees in an action
30in district court. A court must order the defendant to pay
31restitution to the victim for the full amount of the victim’s
32losses, as determined by the court, in addition to any other
33civil or criminal penalties, in which a person acts in reckless
34disregard of the fact that such conduct contributed to human
35trafficking.
-2- 1A class “D” felony is punishable by confinement for no more
2than five years and a fine of at least $750 but not more than
3$7,500. A class “C” felony is punishable by confinement for no
4more than 10 years and a fine of at least $1,000 but not more
5than $10,000. A class “B” felony is punishable by confinement
6for no more than 25 years.
-3-as/rh