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Sextortion Laws Across the U.S.: Comprehensive Resources & Federal Insights
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Sextortion Laws Across the U.S.: Comprehensive Resources & Federal Insights

It’s every person’s nightmare: receiving a terrifying email or text message stating that someone has captured explicit content of you or a loved one and is threatening to release it to friends, family, and colleagues unless you comply with their demands.

This nightmare is becoming increasingly common; in 2021, the FBI’s Internet Crime Complaint Center (IC3) received over 18,000 reports of sextortion, while the National Center for Missing & Exploited Children (NCMEC) reported a dramatic increase, with over 4,000 cases. What makes this situation worse is that both reports identified minors as the primary targets.

Unfortunately, many victims feel they have no choice but to succumb to the perpetrator’s demands, unaware that laws at both the state and federal levels address sextortion and other forms of online exploitation.

In this article, we compile information on the crime of sextortion, relevant laws in the United States, and steps you can take if you or someone you know faces threats or harm through sextortion.

What Is sextortion?

Is sextortion a crime? Yes, it is. Sextortion is a type of online blackmail in which someone uses sexual images or videos of a person to extort money or sexual favors. This crime has become more prevalent in the digital age, where hackers can gain access to personal files or leverage fake profiles to trick users into sending explicit content.

The problem with sextortion is its extreme prevalence, which is not linked to any single website or app like Snapchat. Regardless of how these criminals obtained the images or videos, you have legal protections and recourse against sextortion.

Is Sextortion a Crime?

Yes, sextortion is a crime. While laws vary significantly from state to state, each state has laws that classify the crime, whether as online harassment, extortion, or cyber exploitation. It is essential to remember that the age of the individuals involved matters. Minors generally receive greater legal protections under federal and state laws related to child pornography and exploitation, resulting in stricter penalties for distributing intimate images involving minors.

Is Sextortion a Federal Crime?

Yes, sextortion can be prosecuted as a federal crime in the United States under certain circumstances. Federal laws addressing extortion, cybercrime, and child exploitation can apply if the victim in question is under 18 or if communications are delivered digitally across state lines.

Below is a list of all current laws concerning sextortion in the United States as of October 2024:

  • 18 U.S.C. § 875: This statute criminalizes using interstate commerce to send extortionate communications. Any communications made across state lines—including phone calls, emails, or online messages—intended for extortion fall under this law.
  • 18 U.S.C. § 2261A: This law addresses cyberstalking and can apply in cases of sextortion, particularly if the victim faces threats or coercion through electronic means.
  • 18 U.S.C § 2251: This law criminalizes the production of child pornography and the sexual exploitation of minors.
  • 18 U.S.C. § 1591: This statute can relate to cases where minors are coerced into producing or distributing sexually explicit materials.

While these laws aim to punish those who commit crimes associated with sextortion, there have been ongoing discussions about actions taken at the federal level to combat sextortion nationally. One such action is the ‘Revising Existing Procedures On Reporting via Technology (REPORT) Act,’ passed in May 2024, which increased regulations on reporting instances of sextortion by various websites and social media platforms.

How Do Different States Handle Sextortion Laws?

Laws against sextortion vary depending on the state; however, each state provides legal protections and laws against this crime in one form or another.

Below is a list of resources for each state along with a summary of how each state pursues action in cases of sextortion. Each link provides the laws regarding the situations and the legal action that can be taken against a perpetrator:

Sextortion Resources for Residents of All 50 U.S. States:

For specific and detailed provisions, please choose a state from the list to access the full list of laws and regulations each state has for sextortion or online harassment.

The Difference Between State and Federal Sextortion Laws

As illustrated in the information provided above, federal laws apply based on the extortionist’s location, the methods they use to extort their victim, and the age of the victim. Each state classifies the crime of sextortion differently, resulting in various methods for addressing the issue.

If a victim wishes to pursue action against their blackmailer by filing either criminal charges or a civil suit in court, a significant factor to consider is whether the blackmailer is in the same state or country. This geographic disparity can complicate legal proceedings and lead to delays that the blackmailer may exploit to continue their threats.

Victims can face jurisdictional issues that can keep them from take action quickly, leaving them vulnerable during this critical time. Therefore, it is essential for victims to understand how these laws interact and to seek legal advice and services tailored to their specific situation.

Are You or Someone You Love a Victim of Sextortion?

If you or someone you love has fallen victim to sextortion, don’t panic. There are resources available to protect you and your loved ones but it is important that you follow these crucial steps:

  1. Document everything, including harassing social media accounts, messages, and handles. Do not block them.
  2. Report the crime to law enforcement. You can start by reporting the crime to the FBI’s Cyber Division online at tips.fbi.gov or by phone at 1-800-CALL-FBI. If the victim is a minor, you may also submit a claim with the National Center for Missing & Exploited Children (NCMEC) through their CyberTipline. As a final option, you can file a report with your local police department.
  3. Do not pay your scammer. Paying will only encourage further financial sextortion. Instead, stall the blackmailer as long as possible while you determine your next steps.
  4. Lastly, seek help from accredited digital forensics engineers, social engineering experts, and lawyers trained in cyber law. You can speak with a cyber harassment expert 24/7 via our Sextortion Helpline to ensure your sextortion issue is handled quickly and discreetly, protecting your reputation.

 Sources:

13A-6-241 Sexual Extortion

https://codes.findlaw.com/ak/title-11-criminal-law/ak-st-sect-11-61-120.html

https://www.azleg.gov/ars/13/01428.htm

https://law.justia.com/codes/arkansas/2020/title-5/subtitle-2/chapter-14/subchapter-1/section-5-14-113/

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=518.&lawCode=PEN

https://leg.colorado.gov/sites/default/files/images/olls/2014a_sl_283.pdf

https://www.cga.ct.gov/current/pub/chap_952.htm#sec_53a-189c

https://law.justia.com/codes/delaware/2022/title-11/chapter-5/subchapter-ii/section-774/

https://www.flsenate.gov/Laws/Statutes/2023/836.05

https://law.justia.com/codes/georgia/2022/title-16/chapter-11/article-3/part-3/section-16-11-92/

https://ag.hawaii.gov/cpja/files/2021/07/file_Online_Safety_HI_Law_Nonconsensual1.pdf

https://cyberbullying.org/sexting-laws/idaho

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt.+11+Subdiv.+25&ActID=1876&ChapterID=53&SeqStart=20100000&SeqEnd=20800000

https://iga.in.gov/laws/2022/ic/titles/35#35-45-4-8

https://www.legis.iowa.gov/docs/code/711.4.pdf

https://casetext.com/statute/kansas-statutes/chapter-21-crimes-and-punishments/article-55-sex-offenses/section-21-5515-sexual-extortion#:~:text=Section%2021%2D5515%20%2D%20Sexual%20extortion%20(a)%20Sexual%20extortion,of%20nudity%3A%20(1)%20With

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47656

https://law.justia.com/codes/louisiana/2022/revised-statutes/title-14/rs-14-66/

https://www.mainelegislature.org/legis/statutes/17-A/title17-Asec355.html

https://law.justia.com/codes/maryland/2022/criminal-law/title-3/subtitle-7/section-3-709/

https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter265/Section25

https://www.legislature.mi.gov/(S(amq4jns3orrifuqonhjunsgk))/mileg.aspx?page=getObject&objectName=mcl-750-145e

https://www.revisor.mn.gov/statutes/cite/609.3458

https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-82.html#:~:text=(2)%20A%20person%20is%20guilty,statute%2C%20or%20the%20public%20or

https://revisor.mo.gov/main/OneSection.aspx?section=573.110&bid=34865&hl=

https://leg.mt.gov/bills/mca/title_0450/chapter_0080/part_0020/section_0130/0450-0080-0020-0130.html

https://nebraskalegislature.gov/laws/statutes.php?statute=28-513

https://www.leg.state.nv.us/nrs/nrs-205.html#NRS205Sec320

https://www.gencourt.state.nh.us/rsa/html/lxii/637/637-mrg.htm

https://law.justia.com/codes/new-jersey/2022/title-2c/section-2c-14-9/#:~:text=(1)%20An%20actor%20commits%20a,sexual%20penetration%20or%20sexual%20contact

https://law.justia.com/codes/new-mexico/2021/chapter-30/article-16/section-30-16-9/#:~:text=Section%2030%2D16%2D9%20%2D%20Extortion.&text=Extortion%20consists%20of%20the%20communication,any%20act%20against%20his%20will.

https://casetext.com/statute/consolidated-laws-of-new-york/chapter-penal/part-3-specific-offenses/title-h-offenses-against-the-person-involving-physical-injury-sexual-conduct-restraint-and-intimidation/article-135-kidnapping-coercion-and-related-offenses/section-13560-coercion-in-the-third-degree

https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-118.4.html

https://casetext.com/statute/north-dakota-century-code/title-121-criminal-code/chapter-121-20-sex-offenses/section-121-20-123-sexual-extortion

https://codes.ohio.gov/ohio-revised-code/section-2905.12

https://law.justia.com/codes/oklahoma/title-21/section-21-1483/

https://oregon.public.law/statutes/ors_164.075

https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?chpt=31&div=0&sctn=33&subsctn=0&ttl=18&txtType=HTM

http://webserver.rilin.state.ri.us/Statutes/TITLE11/11-64/11-64-3.HTM#:~:text=Unauthorized%20dissemination%20of%20indecent%20material.&text=(4)%20With%20knowledge%20or%20with,or%20coerce%20the%20depicted%20person.

https://law.justia.com/codes/south-carolina/2022/title-16/chapter-17/section-16-17-640/

https://www.rcgov.org/index.php?option=com_docman&view=download&alias=17051-4-sdcl-22-30a-4&category_slug=03-march-city-council-4&Itemid=149

https://casetext.com/statute/tennessee-code/title-39-criminal-offenses/chapter-14-offenses-against-property/part-1-theft/section-39-14-112-extortion#:~:text=Section%2039%2D14%2D112%20%2D%20Extortion%20(a)%20A,enjoyment%20of%20any%20right%20or

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.21.htm

https://le.utah.gov/xcode/Title76/Chapter5B/76-5b-S204.html

https://legislature.vermont.gov/statutes/section/13/059/02606

https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-59.1/

https://app.leg.wa.gov/rcw/default.aspx?cite=9A.56.130

https://code.wvlegislature.gov/61-2-13/

https://docs.legis.wisconsin.gov/statutes/statutes/943/iii/30

https://www.wyoleg.gov/Legislation/2021/hb0085

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