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.
Understanding the Crime of 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.
Is Sextortion a Federal Crime?
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:
- 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 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.
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 Laws You Should Know 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.
- Alabama Sextortion Resources: Alabama generally addresses sextortion under laws against harassment and extortion.
- Alaska Sextortion Resources: Alaska covers sextortion in their laws against online harassment and extortion.
- Arizona Sextortion Resources: Arizona has statutes for extortion and laws addressing the non-consensual sharing of intimate images.
- Arkansas Sextortion Resources: Arkansas addresses cases of sextortion under their existing laws involving acts of extortion.
- California Sextortion Resources: California has laws specifically pertaining to the distribution of intimate images without consent.
- Colorado Sextortion Resources: Colorado covers sextortion under their laws against cyber exploitation and extortion.
- Connecticut Sextortion Resources: Connecticut state law includes provisions for computer-related crimes and extortion.
- Delaware Sextortion Resources: Delaware has specific laws that criminalize the non-consensual dissemination of intimate images.
- Florida Sextortion Resources: Florida has statutes that specifically address the non-consensual distribution of intimate images.
- Georgia Sextortion Resources: Georgia covers sextortion under their laws regarding privacy invasion and extortion.
- Hawaii Sextortion Resources: Hawaii addresses sextortion under existing statutes pertaining to harassment and extortion.
- Idaho Sextortion Resources: Idaho handles sextortion through their laws concerning online harassment.
- Illinois Sextortion Resources: Illinois has laws prohibiting the distribution of intimate images without consent.
- Indiana Sextortion Resources: Indiana has various statutes addressing online harassment and extortion.
- Iowa Sextortion Resources: Iowa covers sextortion under their provisions for harassment and extortion.
- Kansas Sextortion Resources: Kansas has specific laws criminalizing sextortion.
- Kentucky Sextortion Resources: Kentucky classifies sextortion as a form of extortion and harassment with specific laws against both.
- Louisiana Sextortion Resources: Louisiana handles cases of sextortion through their laws on computer crimes and extortion.
- Maine Sextortion Resources: Maine has statutes that protect against sextortion as a form of harassment and extortion.
- Maryland Sextortion Resources: Maryland criminalizes the distribution of intimate images without consent.
- Massachusetts Sextortion Resources: Massachusetts has created specific laws with regard to sextortion.
- Michigan Sextortion Resources: Michigan has laws addressing non-consensual image sharing under privacy laws.
- Minnesota Sextortion Resources: Minnesota has laws covering the non-consensual dissemination of intimate images.
- Mississippi Sextortion Resources: Mississippi generally addresses these issues under their laws on extortion.
- Missouri Sextortion Resources: Missouri covers sextortion under their laws against harassment and extortion.
- Montana Sextortion Resources: Montana handles cases of sextortion under their laws concerning coercion and invasion of privacy.
- Nebraska Sextortion Resources: Nebraska covers sextortion in their laws concerning extortion and online harassment.
- Nevada Sextortion Resources: Nevada directly addresses cases of sextortion under their laws against the non-consensual dissemination of intimate images.
- New Hampshire Sextortion Resources: New Hampshire handles cases of sextortion through their laws on harassment and extortion.
- New Jersey Sextortion Resources: New Jersey has specific laws against sextortion.
- New Mexico Sextortion Resources: New Mexico deals with sextortion under their existing harassment regulations.
- New York Sextortion Resources: New York has laws that specifically address the non-consensual dissemination of intimate images.
- North Carolina Sextortion Resources: North Carolina criminalizes the non-consensual dissemination of intimate images.
- North Dakota Sextortion Resources: North Dakota addresses sextortion under their extortion and privacy laws.
- Ohio Sextortion Resources: Ohio classifies sextortion under their laws against extortion and harassment.
- Oklahoma Sextortion Resources: Oklahoma has laws related to extortion and harassment.
- Oregon Sextortion Resources: Oregon has specific laws relating to acts of sexual coercion.
- Pennsylvania Sextortion Resources: Pennsylvania has statutes against extortion and any related crimes.
- Rhode Island Sextortion Resources: Rhode Island criminalizes non-consensual image sharing.
- South Carolina Sextortion Resources: South Carolina classifies sextortion as an act of harassment.
- South Dakota Sextortion Resources: South Dakota has laws against acts of harassment and extortion.
- Tennessee Sextortion Resources: Tennessee has laws against the non-consensual distribution of intimate images.
- Texas Sextortion Resources: Texas has ordinances pertaining to non-consensual disclosure of intimate images.
- Utah Sextortion Resources: Utah addresses sextortion through their laws on harassment and extortion.
- Vermont Sextortion Resources: Vermont has laws against the non-consensual dissemination of intimate images.
- Virginia Sextortion Resources: Virginia criminalizes sextortion through their laws pertaining to extortion and privacy violations.
- Washington Sextortion Resources: Washington prosecutes sextortion under their laws against the non-consensual dissemination of intimate images.
- West Virginia Sextortion Resources: West Virginia addresses sextortion under their ordinances pertaining to extortion and privacy.
- Wisconsin Sextortion Resources: Wisconsin has laws against harassment and extortion.
- Wyoming Sextortion Resources: Wyoming addresses sextortion under their harassment and extortion provisions.
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:
- Document everything, including harassing social media accounts, messages, and handles. Do not block them.
- 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.
- 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.
- 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.
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