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Senate File 232 - IntroducedA Bill ForAn Act 1relating to criminal and civil liability for
2facilitating human trafficking, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 710A.2B, Code 2023, is amended to read
2as follows:
3710A.2B Premises or internet site used for human trafficking.
41. A person who owns, rents, leases, or uses any part of
5a building, structure, boat, trailer, or other place offering
6shelter or seclusion, or a person who owns an internet site,
7and who knows, or has reason to know, that the building,
8structure, boat, trailer, or other place offering shelter or
9seclusion, or internet site is being used for the purposes of
10human trafficking, commits a class “D” felony.
112. It shall be an affirmative defense to a prosecution of a
12person pursuant to subsection 1, if immediately upon acquiring
13knowledge that the building, structure, boat, trailer, or other
14place offering shelter or seclusion, or internet site is used
15for the purposes of human trafficking, the person notifies a
16law enforcement agency with jurisdiction and fully cooperates
17with any subsequent investigation.
183. a. If a law enforcement agency notifies a person who
19owns, rents, leases, or uses any part of a building, structure,
20boat, trailer, or other place offering shelter or seclusion,
21or who owns an internet site, of an investigation pursuant to
22chapter 152C or 157 that may involve the building, structure,
23boat, trailer, or other place offering shelter or seclusion,
24or internet site, the person shall have an affirmative duty to
25fully cooperate with the investigation.
26b. A person who fails to fully cooperate with an
27investigation pursuant to paragraph “a” commits a serious
28misdemeanor.
294. For purposes of this section, “internet site” includes
30but is not limited to any internet site, application, or social
31media platform that is open to the public, allows a user to
32create an account, and enables users to communicate with other
33users for the primary purpose of posting information, comments,
34messages, or images.
35 Sec. 2. NEW SECTION. 710A.8 Civil liability —
-1-1facilitation.
2A victim of human trafficking or a parent, guardian, or
3custodian of a human trafficking victim, has a right of action
4against a social media platform, a social media application, or
5an internet site, who acted in violation of this chapter or 47
6U.S.C.§230, or who facilitated such a violation, for damages
7sustained due to the victim’s physical or emotional distress,
8or physical or emotional distress due to the absence of the
9victim, as applicable, and for punitive damages.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to criminal and civil liability for
14facilitating human trafficking.
15The bill provides that a person who owns an internet site
16used for purpose of human trafficking is guilty of a class “D”
17felony, and a person who owns an internet site that fails to
18cooperate with an investigation pursuant to Code chapter 152C
19(massage therapy) or 157 (cosmetology) is guilty of a serious
20misdemeanor. A class “D” felony is punishable by confinement
21for no more than five years and a fine of at least $1,025 but
22not more than $10,245. A serious misdemeanor is punishable by
23confinement for no more than one year and a fine of at least
24$430 but not more than $2,560.
25The bill provides a victim of human trafficking or a parent,
26guardian, or custodian of a human trafficking victim has a
27right of action against a social media platform, a social
28media application, or an internet site, who acted in violation
29of Code chapter 710A (human trafficking) or federal law
30(protection for private blocking and screening of offensive
31material), or who facilitated such a violation, for damages
32sustained due to the victim’s physical or emotional distress,
33or physical or emotional distress due to the absence of the
34victim, as applicable, and for punitive damages.
-2-cm/ns
2facilitating human trafficking, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 710A.2B, Code 2023, is amended to read
2as follows:
3710A.2B Premises or internet site used for human trafficking.
41. A person who owns, rents, leases, or uses any part of
5a building, structure, boat, trailer, or other place offering
6shelter or seclusion, or a person who owns an internet site,
7and who knows, or has reason to know, that the building,
8structure, boat, trailer, or other place offering shelter or
9seclusion, or internet site is being used for the purposes of
10human trafficking, commits a class “D” felony.
112. It shall be an affirmative defense to a prosecution of a
12person pursuant to subsection 1, if immediately upon acquiring
13knowledge that the building, structure, boat, trailer, or other
14place offering shelter or seclusion, or internet site is used
15for the purposes of human trafficking, the person notifies a
16law enforcement agency with jurisdiction and fully cooperates
17with any subsequent investigation.
183. a. If a law enforcement agency notifies a person who
19owns, rents, leases, or uses any part of a building, structure,
20boat, trailer, or other place offering shelter or seclusion,
21or who owns an internet site, of an investigation pursuant to
22chapter 152C or 157 that may involve the building, structure,
23boat, trailer, or other place offering shelter or seclusion,
24or internet site, the person shall have an affirmative duty to
25fully cooperate with the investigation.
26b. A person who fails to fully cooperate with an
27investigation pursuant to paragraph “a” commits a serious
28misdemeanor.
294. For purposes of this section, “internet site” includes
30but is not limited to any internet site, application, or social
31media platform that is open to the public, allows a user to
32create an account, and enables users to communicate with other
33users for the primary purpose of posting information, comments,
34messages, or images.
35 Sec. 2. NEW SECTION. 710A.8 Civil liability —
-1-1facilitation.
2A victim of human trafficking or a parent, guardian, or
3custodian of a human trafficking victim, has a right of action
4against a social media platform, a social media application, or
5an internet site, who acted in violation of this chapter or 47
6U.S.C.§230, or who facilitated such a violation, for damages
7sustained due to the victim’s physical or emotional distress,
8or physical or emotional distress due to the absence of the
9victim, as applicable, and for punitive damages.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to criminal and civil liability for
14facilitating human trafficking.
15The bill provides that a person who owns an internet site
16used for purpose of human trafficking is guilty of a class “D”
17felony, and a person who owns an internet site that fails to
18cooperate with an investigation pursuant to Code chapter 152C
19(massage therapy) or 157 (cosmetology) is guilty of a serious
20misdemeanor. A class “D” felony is punishable by confinement
21for no more than five years and a fine of at least $1,025 but
22not more than $10,245. A serious misdemeanor is punishable by
23confinement for no more than one year and a fine of at least
24$430 but not more than $2,560.
25The bill provides a victim of human trafficking or a parent,
26guardian, or custodian of a human trafficking victim has a
27right of action against a social media platform, a social
28media application, or an internet site, who acted in violation
29of Code chapter 710A (human trafficking) or federal law
30(protection for private blocking and screening of offensive
31material), or who facilitated such a violation, for damages
32sustained due to the victim’s physical or emotional distress,
33or physical or emotional distress due to the absence of the
34victim, as applicable, and for punitive damages.
-2-cm/ns