A new bill in the U.S. House of Representatives, if passed, would create criminal and civil penalties for those who place online sex ads. This post will explain more about the current laws and how a passage of the new bill could bring about many changes.
Understanding the New Sex Ad Bill
The bill proposed by Rep. Bob Goodlatte (R-Va.) would allow prosecution of anyone who posts or hosts online content that leads to prostitution. All digital outlets would be open for scrutiny under this bill, including social media sites, dating apps, and classified ad lists. A conviction could lead to 20 years in prison, as well as fines.
As the law stands today, states cannot prosecute, and citizens generally have legal immunity for content on digital platforms, even if the content stands contrary to state criminal laws for sex crimes. Let’s look at the current prostitution laws in Texas to understand more.
Texas Prostitution Law Today
In this state it is a prosecutable offense for an individual to knowingly solicit someone in public for sexual conduct for hire, or offers to engage, agrees to engage, or engages in sexual conduct for a fee. The different penalties for offenses under the law are described below.
- Prostitution: A first offense is a Class B misdemeanor with up to 180 days in jail, $2,000 fine, or both. A second offense is a Class A misdemeanor with up to one year in jail, $4,000 fine, or both. A third or subsequent offense is a state jail felony with 180 days to two years in jail, $10,000 fine, or both.
- Customers of Prostitution: A first offense is a Class B misdemeanor with up to 180 days in jail, $2,000 fine, or both. A second offense is a Class A misdemeanor with up to one year in jail, $4,000 fine, or both. A third or subsequent offense is a state jail felony with 180 days to two years in jail, $10,000 fine, or both.
- Pimping:This is a third degree felony with 2-10 years in prison and up to a $10,000 fine.
- Brothel Owners: This is a third degree felony with 2-10 years in prison and up to a $10,000 fine.
- Compelling Prostitution{ Using force, threat, or fraud to commit prostitution, or causing someone under 17 years old to commit prostitution, falls into this category. This is a second degree felony with 2-20 years in prison and up to a $10,000 fine.
Changes under the New Bill
H.R. 1865 would amend the federal criminal code to create a violation for computer services that publish information which creates a furtherance of sex trafficking offenses. A violation would expose the offender to fines and incarceration of up to 20 years as well as to civil damages.
If passed, H.R. 1865 would essentially allow state and federal governments to monitor all types of online forums, ads, apps, and websites related to sex. It would increase the limitations on free speech and the capability of online tracking.
Under the bill, sites could even be liable for past content if a future suit is filed for sex crimes.
Questions about your rights and how this bill might impact you if it becomes law.
Reach out to a knowledgeable Texas criminal attorney. We’ll review your case and make sure that your rights are protected even as laws continue to evolve.