Bill Text: IA SF232 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to criminal and civil liability for facilitating human trafficking, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-22 - Subcommittee recommends passage. []. [SF232 Detail]
Download: Iowa-2023-SF232-Introduced.html
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
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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
——
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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
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