Judge Likely To Throw Out Criminal Charges Against Backpage CEO, Shareholders

A California judge said on Wednesday that he plans to dismiss pimping charges against three executives of Backpage.

Sacramento County Superior Court Judge Michael Bowman said in a written "tentative ruling" that Backpage.com is immune from prosecution based on crimes committed by users.

The move comes more than one month after California Attorney General Kamala Harris -- elected last week to the U.S. Senate -- had Backpage.com CEO Carl Ferrer and shareholders Michael Lacey and James Larkin arrested on sex-trafficking charges stemming from escort ads on the site. Ferrer was jailed for one week in October before he was granted bail, while Lacey and Larkin were jailed for four days before they were released on bail.

Last month, they argued that all charges against them should be dismissed on the grounds that the federal Communications Decency Act immunizes Web sites from liability for crimes committed by users.

Bowman agreed with that argument in his tentative ruling. "Congress did not wish to hold liable online publishers for the action of publishing third party speech and thus provided for both a foreclosure from prosecution and an affirmative defense at trial," he wrote. "Congress has spoken on this matter and it is for Congress, not this Court, to revisit."

The ruling could be finalized as early as Wednesday evening.

But even with the dismissal of criminal charges, Backpage faces other potential challenges. Among others, a group of teen sex-trafficking victims want the Supreme Court to revive a lawsuit accusing Backpage of enabling sex trafficking through the design of its site.

A federal appellate court and trial judge previously ruled that the teens couldn't sue Backpage because the site is immune from liability based on users' crimes. But lawyers for the teens are seeking to appeal that decision to the Supreme Court.

Also, the Senate recently held Backpage in contempt for refusing to turn over materials to a subcommittee investigating online sex trafficking.

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