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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.
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. 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.
While laws in the U.S.A. vary significantly from state to state, each state has laws that classify the crime as either 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.
Yes, sextortion can be prosecuted as a federal crime in the United States under certain circumstances. Federal laws related to extortion, cybercrime, and child exploitation may apply depending on the age of the victim and the location of the blackmailer.
Below is a list of all current laws concerning sextortion in the United States at a Federal Level as of October 2024:
While these laws aim to punish those who commit crimes associated with sextortion and digital blackmail, 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.
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:
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.
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.
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:
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/
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https://www.flsenate.gov/Laws/Statutes/2023/836.05
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https://cyberbullying.org/sexting-laws/idaho
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https://www.legis.iowa.gov/docs/code/711.4.pdf
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https://leg.mt.gov/bills/mca/title_0450/chapter_0080/part_0020/section_0130/0450-0080-0020-0130.html
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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
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https://statutes.capitol.texas.gov/Docs/PE/htm/PE.21.htm
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https://docs.legis.wisconsin.gov/statutes/statutes/943/iii/30
https://www.wyoleg.gov/Legislation/2021/hb0085
DISCLAIMER: THIS POST IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSIDERED LEGAL ADVICE ON ANY SUBJECT MATTER. DIGITAL FORENSICS CORP. IS NOT A LAWFIRM AND DOES NOT PROVIDE LEGAL ADVICE OR SERVICES. By viewing posts, the reader understands there is no attorney-client relationship, the post should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.
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