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 Michigan, 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 laws that criminalize similar conduct. For instance, Michigan's laws against extortion (Michigan Penal Code, Section 750.213) could apply to sextortion cases, as they prohibit obtaining money or property by threat or force. Additionally, the state's laws on 'revenge pornography' (Michigan Penal Code, Section 750.145e), also known as 'unlawful posting of a message,' make it illegal to distribute sexually explicit material of another person without their consent. This can include threats to release such material unless a demand is met. Other relevant statutes may include those against computer crimes, harassment, and stalking, which can be used to address various aspects of sextortion. It's important to note that the applicability of these laws can depend on the specific circumstances of each case, and individuals facing such issues should consult with an attorney for legal advice tailored to their situation.