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 Delaware, sextortion is not recognized as a distinct criminal offense under a specific statute titled 'sextortion.' However, individuals who engage in sextortion can be prosecuted under various existing Delaware laws that criminalize similar conduct. For instance, Delaware's revenge pornography laws make it illegal to disclose private, intimate images without consent, which can be found under Title 11, Section 1335 of the Delaware Code. Additionally, the state's extortion and blackmail statutes, which are also in Title 11, could apply to sextortion cases. These laws prohibit obtaining something of value through threats or force. Cyberstalking is another relevant offense under Delaware law, which could encompass certain behaviors associated with sextortion. It is important for individuals facing such issues to consult with an attorney to understand the specific charges that could be brought in a sextortion case and the potential legal consequences.