U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 117— TRANSPORTATION FOR ILLEGAL SEXUAL ACTIVITY AND RELATED CRIMES

18 U.S.C. § 2421A

Promotion or facilitation of prostitution and reckless disregard of sex trafficking

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(a)In General.—Whoever, using a facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, owns, manages, or operates an interactive computer service (as such term is defined in defined in 11 So in original. section 230(f) the Communications Act of 1934 (47 U.S.C. 230(f))), or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person shall be fined under this title, imprisoned for not more than 10 years, or both.(b)Aggravated Violation.—Whoever, using a facility or means of interstate or foreign commerce or in or affecting interstate or foreign commerce, owns, manages, or operates an interactive computer service (as such term is defined in defined in 1 section 230(f) the Communications Act of 1934 (47 U.S.C. 230(f))), or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person and—(1) promotes or facilitates the prostitution of 5 or more persons; or(2) acts in reckless disregard of the fact that such conduct contributed to sex trafficking, in violation of 22 So in original. Probably should be followed by “section”. 1591(a),shall be fined under this title, imprisoned for not more than 25 years, or both.(c)Civil Recovery.—Any person injured by reason of a violation of section 2421A(b) may recover damages and reasonable attorneys’ fees in an action before any appropriate United States district court.(d)Mandatory Restitution.—Notwithstanding sections 33 So in original. Probably should be “section”. 3663 or 3663A and in addition to any other civil or criminal penalties authorized by law, the court shall order restitution for any violation of subsection (b)(2). The scope and nature of such restitution shall be consistent with section 2327(b).(e)Affirmative Defense.—It shall be an affirmative defense to a charge of violating subsection (a), or subsection (b)(1) where the defendant proves, by a preponderance of the evidence, that the promotion or facilitation of prostitution is legal in the jurisdiction where the promotion or facilitation was targeted.(Added Pub. L. 115–164, § 3(a), Apr. 11, 2018, 132 Stat. 1253.)
Notes of Decisions
Cited in 16 cases (11 in the last 5 years), 2018–2025 · leading case: Woodhull Freedom Foundation v. United States
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Woodhull Freedom Foundation v. United States (2023) cadc · cites it 9× “FOSTA also subjects the providers of those computer services to liability in civil and state-law criminal actions for 3 any third-party content they publish that violates 18 U.S.C. § 2421A or the Trafficking Victims Protection Act of 2000 (“Trafficking Act”), Pub.”
Woodhull Freedom Foundation v. United States (2020) cadc · cites it 6× “at 1253–54 (codified at 18 U.S.C. § 2421A(a)). This provision adopts the definition of “interactive computer service” in Section 230(f) of the Communications Decency Act.”
Woodhull Freedom Found. v. United States (2018) cadc · cites it 5× “And third, Section 230 does not preclude state criminal prosecution if the conduct would constitute a violation of 18 U.S.C. § 2421A, the newly-created FOSTA criminal offense.”
United States v. Palms (2021) ca10 “§ 2421 (a) (Count Four) and online promotion and facilitation of prostitution in violation of 18 U.S.C. § 2421A(a) (Count Five). During the second trial, the district court granted a motion for acquittal as to Count Five (online promotion and facilitation of prostitution), but…”
United States v. Isac Schwarzbaum (2025) ca11 “§ 2292 (b) (imparting or conveying false information related to the destruction of a vessel or maritime shipping); 18 U.S.C. § 2421A(b)(2) (promoting or facil- itating prostitution); 18 U.”
A.M v. Omegle.com LLC (2022) ord · cites it 7× “brings the following claims in this civil action against Omegle: (1) product liability arising out of defects in design, (2) product liability arising out of defects in warning, (3) negligence in design, (4) negligence in warning and instruction, (5) 18 U.”
Woodhull Freedom Foundation v. United States of America (2022) dcd · cites it 6× “First, FOSTA enacted 18 U.S.C. § 2421A, which creates a federal criminal offense for owning, managing, or operating “an interactive computer service .”
Woodhull Freedom Foundation v. United States of America (2018) dcd · cites it 4× “And third, Section 230 does not preclude state criminal prosecution if the conduct would constitute a violation of 18 U.S.C. § 2421A, the newly- created li`OSTA criminal offense.”
Datres v. Winfree (2024) miwd · cites it 3× “]” 18 U.S.C. § 2421A(b). Datres’s allegations do not fit the statutory text of § 2421A(b).”
JANE DOES V. REDDIT, INC. (2022) ca9 · cites it 2× “§ 1591 or 18 U.S.C. § 2421A, which criminalize the facilitation of child sex trafficking and prostitution, respectively.”
J. B. v. G6 Hospitality, LLC (2020) cand · cites it 2× “” 18 U.S.C. § 2421A. Federal criminal 18 statutes have always been outside of Section 230’s reach.”
G (a minor) v. Salesforce.com, Inc. (2022) ilnd · cites it 2× “5 The remaining two exemptions relate to state criminal charges where the “conduct underlying the charge would constitute a violation of” § 1591 or 18 U.S.C. § 2421A (another federal sex-trafficking statute).”
Show all 16 citing cases →
— 18 U.S.C. § 2421A(a) — 9 cases
Woodhull Freedom Foundation v. United States (2023) cadc “FOSTA also subjects the providers of those computer services to liability in civil and state-law criminal actions for 3 any third-party content they publish that violates 18 U.S.C. § 2421A or the Trafficking Victims Protection Act of 2000 (“Trafficking Act”), Pub.”
Woodhull Freedom Foundation v. United States (2020) cadc “at 1253–54 (codified at 18 U.S.C. § 2421A(a)). This provision adopts the definition of “interactive computer service” in Section 230(f) of the Communications Decency Act.”
Woodhull Freedom Found. v. United States (2018) cadc “And third, Section 230 does not preclude state criminal prosecution if the conduct would constitute a violation of 18 U.S.C. § 2421A, the newly-created FOSTA criminal offense.”
United States v. Palms (2021) ca10 “§ 2421 (a) (Count Four) and online promotion and facilitation of prostitution in violation of 18 U.S.C. § 2421A(a) (Count Five). During the second trial, the district court granted a motion for acquittal as to Count Five (online promotion and facilitation of prostitution), but…”
Woodhull Freedom Foundation v. United States of America (2018) dcd “And third, Section 230 does not preclude state criminal prosecution if the conduct would constitute a violation of 18 U.S.C. § 2421A, the newly- created li`OSTA criminal offense.”
— 18 U.S.C. § 2421A(b) — 2 cases
Woodhull Freedom Foundation v. United States (2023) cadc “FOSTA also subjects the providers of those computer services to liability in civil and state-law criminal actions for 3 any third-party content they publish that violates 18 U.S.C. § 2421A or the Trafficking Victims Protection Act of 2000 (“Trafficking Act”), Pub.”
Datres v. Winfree (2024) miwd “]” 18 U.S.C. § 2421A(b). Datres’s allegations do not fit the statutory text of § 2421A(b).”
— 18 U.S.C. § 2421A(b)(1) — 1 case
Woodhull Freedom Foundation v. United States (2020) cadc “at 1253–54 (codified at 18 U.S.C. § 2421A(a)). This provision adopts the definition of “interactive computer service” in Section 230(f) of the Communications Decency Act.”
— 18 U.S.C. § 2421A(b)(2) — 1 case
United States v. Isac Schwarzbaum (2025) ca11 “§ 2292 (b) (imparting or conveying false information related to the destruction of a vessel or maritime shipping); 18 U.S.C. § 2421A(b)(2) (promoting or facil- itating prostitution); 18 U.”
— 18 U.S.C. § 2421A(c) — 4 cases
Woodhull Freedom Foundation v. United States (2020) cadc “at 1253–54 (codified at 18 U.S.C. § 2421A(a)). This provision adopts the definition of “interactive computer service” in Section 230(f) of the Communications Decency Act.”
Rebekah Charleston v. State of Nevada (2020) ca9
J. B. v. G6 Hospitality, LLC (2020) cand “” 18 U.S.C. § 2421A. Federal criminal 18 statutes have always been outside of Section 230’s reach.”
Datres v. Winfree (2024) miwd “]” 18 U.S.C. § 2421A(b). Datres’s allegations do not fit the statutory text of § 2421A(b).”
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