Laws that Prohibit Blackmail by Sextortion:
How Online Predators are Using Your Private Pictures Against You

In today’s digital age, the internet has become an essential part of our daily lives. While it has brought us many conveniences, it has also exposed us to various risks. One of the most significant threats is the rise of sextortion. Sextortion is a form of blackmail in which an online predator threatens to share intimate images or videos of someone unless the predator receives something in return. In this article, we will examine what sextortion is, how it works, the legal laws that prohibit it, and what you can do to prevent it.

What is Sextortion?

Sextortion is a form of online blackmail that involves coercing someone into sending explicit images of the person to the predator and then threatening to share the explicit images or videos of the person if they do not provide what the predator wants. Blackmail by sextortion also occurs where the person may have willingly shared the images or videos with the predator in the past, but the predator uses them as leverage to extort something of value, such as money, more explicit images, or sexual favors. Sextortion is a growing problem, with reports of incidents increasing year by year.

How does Sextortion work?

Sextortion usually begins with the predator contacting the victim through social media, email, or other online platforms. The predator may pose as a love interest or begin with a friendly message or compliments, which can lead to the victim sharing their personal information and private images. The offender then uses these images to demand further explicit content, money, or sexual favors. The predator may also threaten to share the images with the victim’s friends and family or post them on public platforms.

In some cases, the predator may use malware to infect the victim’s device and take control of their webcam or microphone. They can then record the victim without their knowledge and use the footage to blackmail them. This type of attack is known as remote access trojan (RAT) or webcam hacking.

Laws that Prohibit Sextortion

In the United States, sextortion is a federal crime, and penalties can include fines and imprisonment. Victims of sextortion can seek legal protection and support by reporting the crime to the police and law enforcement agencies, including the Federal Bureau of Investigation (FBI). Law enforcement agencies will investigate the case and then attorneys will prosecute the offender. It is important to note that victims of sextortion should seek legal advice and support to protect their rights and ensure their safety.

Examples of federal laws that criminalize sextortion

18 U.S. Code § 1591 – Sex trafficking of children or by force, fraud, or coercion: This law prohibits the use of force, fraud, or coercion to cause a person to engage in a commercial sex act, including sextortion.

18 U.S. Code § 875 – Interstate communications: This law prohibits the use of interstate or foreign communication to threaten to injure someone, including threatening to disseminate sexually explicit content obtained through sextortion.

18 U.S. Code § 2261A – Stalking: This law prohibits stalking, which can include using electronic communications to engage in a course of conduct that causes a person to fear for their safety or the safety of their family, including through the use of sextortion.

18 U.S. Code § 1030 – Fraud and related activity in connection with computers: This law prohibits the use of computers and computer networks to commit various forms of fraud, including the use of sextortion to coerce victims into providing personal information or money.

18 U.S. Code § 2425 – Use of interstate facilities to transmit information about a minor: This law prohibits the transmission of information about a minor with the intent to encourage or facilitate criminal sexual activity involving that minor, including through the use of sextortion.

47 U.S. Code § 223 – Obscene or harassing telephone calls in the District of Columbia or in interstate or foreign communications: This law prohibits the use of telecommunications devices to make obscene or harassing phone calls, including those that involve sextortion.

It’s important to note that sextortion can also be prosecuted under other federal criminal laws, such as laws related to extortion, blackmail, and child pornography, depending on the specific circumstances of the case.

Examples of federal laws that provide civil remedies for victims of sextortion

18 U.S. Code § 2255 – Civil remedy for personal injuries: This law provides a remedy for victims of sex trafficking and child sexual exploitation, which can include sextortion, to sue their traffickers for damages, including punitive damages.

Title VII of the Civil Rights Act of 1964: This law prohibits sex discrimination in employment, which can include sexual harassment or sextortion in the workplace.

The Violence Against Women Act (VAWA): This law provides legal remedies and protections for victims of domestic violence, dating violence, sexual assault, and stalking, which can include sextortion.

It’s important to note that there may be other federal, state, or local laws that apply to sextortion depending on the specific circumstances of the case.

State civil laws that prohibit sextortion

Victims can also seek civil remedies under state laws, such as invasion of privacy, intentional infliction of emotional distress, or harassment, depending on the specific circumstances of the case.

Punishments for Sextortion

Predators who committed sextortion have been given federal prison sentences that range from 22 to 75 years. In one case, an Illinois man used social media to groom and coerce a 12-year-old girl into engaging in sexual activities and sending explicit videos. He also sent explicit images and videos to the child, including those depicting sexual abuse of animals, and threatened to share the child’s images and videos online if she didn’t comply with his demands. As a result, the predator was sentenced to 22 years in federal prison in December 2022. The name of this case is United States v. Kyle Peterson.

Preventing Sextortion

Preventing sextortion starts with being cautious about who you communicate with online. Avoid sharing private information, images, or videos with strangers, and be mindful of the information you share on social media. If you receive a message or request that makes you uncomfortable, report it to the relevant authorities.

It is also essential to protect your devices from malware by using antivirus software and keeping your operating system up to date. Cover your webcam when you’re not using it and be cautious about clicking on links or downloading files from unknown sources.

Steps to Take if You Become a Victim of Sextortion

• Contact your FBI field office

• Report it by calling 1-800-CALL-FBI

• Report it online at tips.fbi.gov.

• You can report child sexual exploitation at cybertipline.org

• The National Center for Missing and Exploited Children (NCMEC) can help remove explicit videos or images off of the internet.

• Do not delete the messages between you and the predator, as they can be used as evidence in the case against the predator.

• Children and teenagers can reach out to NCMEC for support at gethelp@ncmec.org or call 1-800-THE-LOST.

Conclusion

Sextortion is a growing problem that affects people of all ages and backgrounds. It can cause significant emotional distress and financial loss, and it is important to take steps to prevent it. By understanding what sextortion is, how it works, and the legal laws that prohibit it, victims can seek protection and support. If you have been a victim of sextortion or suspect that someone is trying to sextort you, seek help from the authorities immediately. You can also contact a lawyer to help you understand what your options are.

Finding an Attorney for Your Sextortion Case

If you are the victim of sextortion, working with a qualified online harassment attorney can help you navigate the complex legal system and ensure that your interests are protected. To connect with an online harassment attorney in your area for your sextortion case, please visit our Find an Attorney page.