Bill Text: IA HF631 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-06 - Introduced, referred to Judiciary. H.J. 408. [HF631 Detail]
Download: Iowa-2019-HF631-Introduced.html
House
File
631
-
Introduced
HOUSE
FILE
631
BY
KACENA
A
BILL
FOR
An
Act
relating
to
criminal
and
civil
liability
of
a
person
who
1
owns,
manages,
or
operates
an
interactive
computer
service
2
with
the
intent
to
promote
or
facilitate
commercial
sexual
3
activity
and
human
trafficking,
and
providing
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
710A.1,
Code
2019,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
4A.
“Interactive
computer
service”
means
3
any
information
service,
system,
or
access
software
provider
4
that
provides
or
enables
computer
access
by
multiple
users
to
5
a
computer
server,
including
specifically
a
service
or
system
6
that
provides
access
to
the
internet
and
such
systems
operated
7
or
services
offered
by
libraries
or
educational
institutions.
8
Sec.
2.
Section
710A.2,
Code
2019,
is
amended
by
adding
the
9
following
new
subsection:
10
NEW
SUBSECTION
.
7A.
a.
A
person
with
a
facility
in
this
11
state,
who
owns,
manages,
or
operates
an
interactive
computer
12
service,
or
conspires
or
attempts
to
do
so,
with
the
intent
to
13
promote
or
facilitate
the
commercial
sexual
activity
of
another
14
person,
is
guilty
of
a
class
“D”
felony,
except
that
if
the
15
victim
is
under
the
age
of
eighteen,
the
person
is
guilty
of
a
16
class
“C”
felony.
17
b.
(1)
A
person
with
a
facility
in
this
state,
who
owns,
18
manages,
or
operates
an
interactive
computer
service,
or
19
conspires
or
attempts
to
do
so,
with
the
intent
to
promote
or
20
facilitate
the
commercial
sexual
activity
or
human
trafficking
21
of
another
person,
is
guilty
of
a
class
“C”
felony
if
any
of
the
22
following
occur:
23
(a)
The
person
promotes
or
facilitates
the
commercial
24
sexual
activity
of
five
or
more
persons.
25
(b)
The
person
acts
in
reckless
disregard
of
the
fact
that
26
such
conduct
contributed
to
human
trafficking.
27
(2)
If
a
person
commits
a
violation
of
this
paragraph
and
28
the
victim
is
under
the
age
of
eighteen,
the
person
is
guilty
29
of
a
class
“B”
felony.
30
c.
Any
person
injured
by
reason
of
a
violation
of
paragraph
31
“b”
may
recover
damages
and
reasonable
attorney
fees
in
an
32
action
before
any
appropriate
district
court.
33
d.
In
addition
to
any
other
civil
or
criminal
penalties
34
authorized
by
law,
the
court
shall
order
restitution
to
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the
victim
for
the
full
amount
of
the
victim’s
losses,
as
1
determined
by
the
court,
for
any
violation
of
paragraph
“b”
,
2
subparagraph
(2).
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
criminal
and
civil
liability
of
a
person
7
who
owns,
manages,
or
operates
an
interactive
computer
service
8
with
the
intent
to
promote
or
facilitate
commercial
sexual
9
activity
and
human
trafficking,
and
provides
penalties.
10
The
bill
defines
“interactive
computer
service”
as
any
11
information
service,
system,
or
access
software
provider
that
12
provides
or
enables
computer
access
by
multiple
users
to
a
13
computer
server,
including
specifically
a
service
or
system
14
that
provides
access
to
the
internet,
and
such
systems
operated
15
or
services
offered
by
libraries
or
educational
institutions.
16
The
bill
provides
that
a
person
with
a
facility
in
this
17
state,
who
owns,
manages,
or
operates
an
interactive
computer
18
service,
or
conspires
or
attempts
to
do
so,
with
the
intent
to
19
promote
or
facilitate
the
commercial
sexual
activity
of
another
20
person,
is
guilty
of
a
class
“D”
felony,
except
that
if
the
21
victim
is
under
the
age
of
18,
the
person
is
guilty
of
a
class
22
“C”
felony.
If
the
person
either
promotes
or
facilitates
the
23
commercial
sexual
activity
of
five
or
more
persons
or
acts
in
24
reckless
disregard
of
the
fact
that
such
conduct
contributed
25
to
human
trafficking,
the
person
is
guilty
of
a
class
“C”
26
felony,
except
that
if
the
victim
is
under
the
age
of
18,
the
27
person
is
guilty
of
a
class
“B”
felony.
A
person
injured
may
28
recover
damages
and
reasonable
attorney
fees
in
an
action
29
in
district
court.
A
court
must
order
the
defendant
to
pay
30
restitution
to
the
victim
for
the
full
amount
of
the
victim’s
31
losses,
as
determined
by
the
court,
in
addition
to
any
other
32
civil
or
criminal
penalties,
in
which
a
person
acts
in
reckless
33
disregard
of
the
fact
that
such
conduct
contributed
to
human
34
trafficking.
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A
class
“D”
felony
is
punishable
by
confinement
for
no
more
1
than
five
years
and
a
fine
of
at
least
$750
but
not
more
than
2
$7,500.
A
class
“C”
felony
is
punishable
by
confinement
for
no
3
more
than
10
years
and
a
fine
of
at
least
$1,000
but
not
more
4
than
$10,000.
A
class
“B”
felony
is
punishable
by
confinement
5
for
no
more
than
25
years.
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