The criminal offense of sextortion is a form of blackmail or extortion and is committed when a person threatens to publish private nude, pornographic, or explicit photos, videos, or images of another person’s body or sexual activity unless the person provides something of value—such as money, sexual activity, more sexual images, or the performance of sexual acts (often online using webcams).
Sextortion laws vary from state to state and are sometimes part of a state’s laws regarding revenge pornography, blackmail, extortion, bribery, or cyberstalking and are prosecuted under those or other criminal offenses rather than as a specific offense called sextortion. These laws are generally located in a state’s statutes—often in the penal or criminal code—and are sometimes titled with descriptive names such as The Unlawful Disclosure or Promotion of Intimate Visual Material.
In Colorado, sextortion is not explicitly named as a distinct criminal offense, but it is covered under various statutes related to sexual exploitation, extortion, and privacy violations. Under Colorado law, CRS 18-3-405.4 addresses 'Sexual Exploitation of a Child,' which can include situations where an individual compels a minor to produce sexually explicit material. Additionally, CRS 18-3-404, 'Invasion of Privacy for Sexual Gratification,' and CRS 18-7-107, 'Posting a Private Image for Harassment,' may apply to cases of non-consensual distribution of intimate images, which is often a component of sextortion. Extortion itself is criminalized under CRS 18-3-207, and this statute could be used to prosecute cases where threats are made to obtain money, sexual acts, or more images. It is important for individuals facing such situations to consult with an attorney to understand the specific charges that may apply and the potential legal remedies available.