Tag: Violence

Allow States and Victims to Fight Online Sex Trafficking Act of 2017 (H.R 1865)

Fighting sex trafficking is not a new endeavor. In the world’s dark history of slavery, sex trafficking has always been there.. As a nation, we have laws and penalties in place to prevent and punish such behavior but they are by no means foolproof. Enter into the law books, H.R. 1865, which will help close a glaring gap between old legislation and the fast-paced technological world we live in.

Way back in 1934, a law was passed in an attempt to protect mass media forms so they could flourish. For instance, a radio station couldn’t be held liable if they played a commercial that contained false advertising or if the product harmed others. From an industry standpoint, this makes perfect sense: media are in the business of spreading information, entertainment, etc. They are not in the business of verifying the products and services that pay them for advertising. In 1996, the Communications Act was amended to include websites so that they were also protected from liability for content that they published but was not actually created by them. As you can imagine, this protection was never meant to shield websites from publishing content which thereby facilitated in sex trafficking. And since you are legally responsible if you allow or facilitate underage-drinking in your home, no matter who supplied the alcohol, certainly we should hold websites liable for publishing content which facilitates criminal behavior. It’s just common sense.

H.R. 1865 will work to fix the current loophole by:

  1. Imposing a fine or up to 10 years in prison, or both
  2. For instances where 5 or more victims are involved and “reckless disregard” is shown, the prison term may be up to 25 years.
  3. Victims may be able to sue for damages and attorney fees in a U.S. district court
  4. Restitution will be ordered by the court when 5 or more victims are involved and this will be in addition to civil or criminal penalties.

As much as I hate to write it, there is a section which allows for an approved defense that the promotion or facilitation of sex trafficking is legal where it occurred. It makes me sick to my stomach that it’s legal ANYWHERE but that’s the globally connected world we live in.

This law is not meant to limit any charges brought under State law and the amendments will be apply to all violations of the law no matter if they happened before or after the enactment of this law. State Attorneys General also have the authority to bring civil action against violators of this law if they believe it has negatively affected the residents of their State.

In order to measure the success of this law, a report will be published 3 years after the law in enacted. This report will detail civil actions in which damages were awarded, actions in which damages were not awarded, all restitution ordered by the Court, and details regarding the status of every entity convicted of violating this law and whether or not they were ordered to pay restitution.

While this legislation is in regards to sex trafficking, not all human trafficking involves the sex trade. See below for possible indicators of trafficking victims. Contact the National Human Trafficking Hotline1-888-373-7888 to report a tip or ask questions. Information is also available on state.gov.

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Veterans 2nd Amendment Protection Act (H.R. 1181)

It’s no secret that the mental health of our Veterans is a hot topic; not only how to manage it, but also the consequences of it. As a Veteran and a caregiver to my Veteran husband who was injured in Iraq, I understand first-hand why it is so important that we study and improve on services for our men and women in the military. That being said, the rights of some Veterans are being taken away because the VA has determined they are “mentally incompetent” to manage their own finances. This determination could be for many different reasons but it results in the appointment of someone to oversee their VA compensation (often a loved one or friend) and the denial to own a firearm. You read that properly. A man or woman who has served our country honorably and fought to keep them safe could potentially lose the right to bear arms, a right afforded to them in the 2nd Amendment.

Enter H.R. 1181, the Veterans 2nd Amendment Protection Act. With a vote of 240-175, the bill was passed in the House today. The bill seeks to correct language about gun ownership that is too broad. The U.S. Code which outlines criminal acts, makes owning a gun a crime for anyone who has been “adjudicated as a mental defective.” Under this new bill, if passed, a judge, magistrate, or someone “of judical authority” must determine that a Veteran is a danger to themself or others.

I am not going to slam the VA here. After five years in Army administration, I know how hard it can be to ensure that you are following regulation to the letter of the law (there is rarely room for “spirit of the law”). However, in an attempt to do so, the VA has reported thousands of names of Veterans to the FBI’s National Instant Background Check System which would prevent them from buying a gun. This may not seem like a bad idea, except a Veteran who can’t manage their bills properly are now kept from claiming a right that they, ironically, had to make use of during their service. ┬áSome reports say that 167,000 Veterans are listed because of their inability to manage finances; still others list it at 257,000. Whatever the number, it is unfair to take away such a right under these circumstances. Forgetting that your cable bill is due every month does not equal being a danger to anyone.

I thoroughly support background checks and preventing those who are dangerous from owning a gun. I will add that where there is a will, there is, unfortunately sometimes, a way. We cannot prevent all gun violence, or violence using any weapon, however, laws are an important defense against it. Nevertheless, we have to give our Veterans a fair chance. Just because you are bruised, doesn’t mean you are broken.