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

This bill relates 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 provides penalties. The bill defines “interactive computer service” as any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet, and such systems operated or services offered by libraries or educational institutions. The bill provides that a person with a facility in this state, who owns, manages, or operates an interactive computer service, or conspires or attempts to do so, with the intent to promote or facilitate the commercial sexual activity of another person, is guilty of a class “D” felony, except that if the victim is under the age of 18, the person is guilty of a class “C” felony. If the person either promotes or facilitates the commercial sexual activity of five or more persons or acts in reckless disregard of the fact that such conduct contributed to human trafficking, the person is guilty of a class “C” felony, except that if the victim is under the age of 18, the person is guilty of a class “B” felony. A person injured may recover damages and reasonable attorney fees in an action in district court. A court must order the defendant to pay restitution to the victim for the full amount of the victim’s losses, as determined by the court, in addition to any other civil or criminal penalties, in which a person acts in reckless disregard of the fact that such conduct contributed to human trafficking. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. A class “C” felony is punishable by confinement for no more than years and a fine of at least $1,000 but not more than $10,000. A class “B” felony is punishable by confinement for no more than years.