Federal Sextortion Laws

Sextortion: How It's Prosecuted and Penalized Under Federal Law

"Sextortion" is a serious criminal offense that involves threatening to expose sexual images, videos, or other explicit materials of a victim unless the victim complies with specific demands, such as sending more explicit content, providing money, or performing other actions that the perpetrator demands.

Sextortion is threatening to expose sexual images, videos, or other explicit materials of a victim unless they comply with specific demands.

This federal offense is not only highly personal and invasive but also carries severe legal consequences. In many cases, depending on the circumstances, sextortion falls under federal jurisdiction, which means if so accused, you could face significantly higher penalties upon conviction than if you were charged at the state level.

The FBI has seen a significant increase in the number of cases involving children and teens being threatened and coerced into sending explicit images online. Sextortion can begin on any website, app, messaging platform, or game where people meet and communicate.

Sometimes, the initial contact from a perpetrator will be a threat. They might claim to already have a revealing picture or video of a minor that will be shared if the victim does not send more pictures. Often, this crime starts when minors believe they are communicating with someone their own age who is interested in a relationship or with someone who is offering something of value.

After the perpetrator has some videos or pictures, they threaten to publish that content or threaten violence to get the victim to produce more images. The shame, fear, and confusion children feel when they are caught in this cycle often prevents them from asking for help or reporting the abuse.

Financial Sextortion

When predators pose as someone else online to coerce victims into taking and sending sexually explicit photos and videos, and then immediately demand payment or threaten to release the photos to the victim's family and friends, it's called financially motivated sextortion.

A financially motivated sextortion scenario can happen quickly, sometimes in minutes. Victims often feel alone, embarrassed, and afraid to seek help. Predators are usually located outside the United States, primarily in West African countries.

Predators identify and target children through social media platforms, online games, gaming consoles, livestreaming and video platforms, and messaging apps. Predators typically pretend to relate to victims, whether that's pretending to be their age, have similar interests, or live in the same area.

The FBI has also recently seen a substantial increase in these financial sextortion cases targeting minor victims in the United States. Financial sextortion is different from traditional sextortion.

In these cases, the perpetrator receives sexually explicit material from the child and then threatens to release the material unless the victim sends money or gift cards.

The amount requested varies, and the offender often releases the victim's sexually explicit material regardless of whether or not they receive payment. This threat has resulted in many deaths by suicide.

Sextortion as a Federal Crime

Sextortion crosses into federal jurisdiction when certain conditions are met. Specifically, the crime becomes federal under circumstances such as the following:

Crossing state lines during the execution of the crime, whether the act involves communicating with the victim in another state, physically crossing state lines, or utilizing interstate communications.
Use of federal infrastructure or interstate systems such as the internet, email servers, cloud storage, or social media platforms, all of which operate across state or national boundaries, and/or
Targeting minors, which triggers robust federal statutes designed to protect children from exploitation.

Since most cases of sextortion today involve the use of some form of online communication, these offenses more often than not qualify as federal crimes.

Some common federal statutes are used to prosecute sextortion. Although sextortion is not directly referenced in federal criminal statutes, it is addressed through legislation that targets behaviors such as cyberstalking, extortion, threats, and exploitation. Below are the most common statutes used in such prosecutions and their respective penalties.

Cyberstalking - 18 U.S.C. § 2261A

Cyberstalking laws broadly cover the use of electronic communications to harass, intimidate, or cause distress to another person. Sextortion fits this definition when it involves repeated and intentional efforts to coerce a victim through digital channels.

Penalties: A conviction under this statute can result in up to five years in prison. However, if the victim is a minor or if the offense leads to bodily harm or death, the sentence may be significantly increased.

18 U.S.C. 1161A Staking law says, "Whoever, (1) travels in interstate or foreign commerce or is present within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, intimidate, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel or presence engages in conduct that-

(A) places that person in reasonable fear of the death of, or serious bodily injury to (i) that person, (ii) an immediate family member (as defined in section 115) of that person, (iii) a spouse or intimate partner of that person...."

Interstate Communications to Extort

The Interstate Communications Act criminalizes the use of telecommunications to send threats, including threats to release explicit content, with the intent to extort anything of value from the victim.

Penalties: Those convicted under this statute face up to two years in prison per offense. The sentence can be longer depending on the severity of the threats and demands.

18 U.S.C. 875(d) Interstate communications law says, "(a) Whoever transmits in interstate or foreign commerce any communication containing any demand or request for a ransom or reward for the release of any kidnapped person, shall be fined under this title or imprisoned not more than twenty years, or both.

(b) Whoever, with intent to extort from any person, firm, association, or corporation, any money or other thing of value, transmits in interstate or foreign commerce any communication containing any threat to kidnap any person or any threat to injure the person of another, shall be fined under this title or imprisoned not more than twenty years, or both…."

Sexual Exploitation of Children

When sextortion involves minors, harsher sentencing guidelines come into play. Under this statute, coercing a minor into producing explicit content or threatening to disseminate such content constitutes sexual exploitation. Prosecution here does not require physical contact, as the use of digital media suffices.

Penalties: A conviction results in a mandatory minimum sentence of 15 years in prison and can extend up to 30 years. The law reflects the significant moral and societal harm caused by the exploitation of minors.

18 U.S.C. 2251 Sexual exploitation of children law says, " (a) Any person who employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor in or affecting interstate or foreign commerce, or in any Territory or Possession of the United States, with the intent that such minor engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct or for the purpose of transmitting a live visual depiction of such conduct, shall be punished as provided under subsection (e), if such person knows or has reason to know that such visual depiction will be transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed, if that visual depiction was produced or transmitted using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce by any means, including by computer, or if such visual depiction has actually been transported or transmitted using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or mailed."

Computer Fraud and Abuse Act (CFAA)

Sextortion cases often involve unauthorized access to a victim's digital devices or accounts to obtain explicit content. If a perpetrator hacks into computers, phones, cloud storage, or social media profiles to obtain private materials, these actions fall under the CFAA.

Penalties: Convictions under the CFAA can lead to sentences of up to 10 years in prison, with heightened penalties if the unauthorized access causes significant harm.

18 U.S. Code 1030 Fraud and related activity in connection with computers law says, "(a) Whoever, (1) having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph y. of section 11 of the Atomic Energy Act of 1954, with reason to believe that such information so obtained could be used to the injury of the United States, or the advantage of any foreign nation willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it."

Blackmail - 18 U.S.C. § 873

Blackmail is the act of obtaining something, typically money or property, through threats or intimidation. In sextortion cases, threatening to release explicit content if the victim does not comply with their demands often meets this criterion.

Penalties: Depending on the circumstances of the case, blackmail can result in up to five years in prison, fines, and restitution to the victim.

18 U.S. Code 873 Blackmail law says, "Whoever, under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States, demands or receives any money or other valuable thing, shall be fined under this title or imprisoned not more than one year, or both."

Wire Fraud - 18 U.S.C. § 1343

Wire fraud is defined as using electronic communication, such as email, phone calls, or social media, to commit fraud. In sextortion cases, this may involve deceiving victims into sending explicit content or money by posing as someone else.

Penalties: The penalties for wire fraud can result in up to 20 years in prison and fines. However, sentences can be increased if the fraudulent activity involves a financial institution or causes significant financial loss.

18 U.S. Code 1343 Fraud by wire, radio, or television law says, "Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both."

Sentencing Enhancements

Federal sentencing guidelines allow for increased penalties under specific conditions, such as:

Targeting vulnerable individuals (e.g., minors, individuals with disabilities).
Use of violence or threats of violence in conjunction with sextortion.
Repeat offenses or a prior criminal history.

Additionally, convicted offenders face potential civil suits from victims seeking damages for emotional distress, financial harm, or reputational damage.

Defenses Against Sextortion Accusations

Facing accusations of sextortion can be intimidating, but it's crucial to remember that there are some potential strategies a federal criminal defense lawyer can use against sextortion charges could include:

Lack of Evidence. The prosecution must prove every element of the charged offense beyond a reasonable doubt. If the evidence is insufficient to meet this standard, the charges might be dismissed.
Mistaken Identity. Because of sextortion's digital nature, the wrong person may be accused. If we can show that you were not involved in the offense, the charges could be dismissed.
Violation of Constitutional Rights. If the evidence was obtained in violation of your constitutional rights, such as an illegal search and seizure, we might be able to have that evidence suppressed.

A sextortion conviction can seriously impact your future. Thus, it's critical to seek competent legal representation to protect your rights and navigate the complexities of the legal system. For more information, contact our criminal defense law firm, Eisner Gorin LLP, located in Los Angeles, CA.

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