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 Hawaii, sextortion is not recognized as a distinct criminal offense under a specific statute named 'sextortion.' However, such conduct is typically prosecuted under existing laws related to extortion, privacy violations, or harassment. Hawaii's penal code includes offenses such as extortion (Hawaii Revised Statutes § 707-764), violation of privacy (Hawaii Revised Statutes § 711-1110.9), and harassment by stalking (Hawaii Revised Statutes § 711-1106.5), which may cover acts of sextortion. For instance, the violation of privacy statute makes it a criminal offense to disclose an image or video of another identifiable person either nude or engaging in sexual conduct without the person's consent, with the intent to harm that individual. This can apply to situations where someone threatens to release such materials unless they receive something of value. Victims of sextortion in Hawaii may also have civil remedies available to them, such as seeking a restraining order or filing a lawsuit for damages. It is important for individuals facing such situations to consult with an attorney to understand their legal rights and the potential avenues for recourse.