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 Massachusetts, sextortion is not recognized as a distinct criminal offense under a specific statute titled 'sextortion.' However, such conduct is typically prosecuted under existing laws related to extortion, criminal harassment, stalking, or the dissemination of explicit images without consent, which is often referred to as 'revenge pornography.' Under Massachusetts General Laws Chapter 265, Section 25, extortion is defined as the act of maliciously threatening to accuse another of a crime or offense, or threatening to injure the person or property of another with the intent to extort money or any pecuniary advantage. Additionally, Chapter 265, Section 43A addresses criminal harassment, which can encompass behaviors associated with sextortion. The state also has laws against the non-consensual dissemination of sexual images, which can be found under Chapter 272, Section 105, known as the 'revenge porn' law. This law makes it a crime to disseminate a visual image of another person who is nude or engaged in sexual conduct without their consent, with the intent to harass, intimidate, or cause emotional distress. Violations of these laws can result in criminal charges, fines, and imprisonment.