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 Nebraska, 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 state laws that criminalize related conduct. For instance, Nebraska's statutes on revenge pornography, which is covered under 'Unlawful Intrusion' (Neb. Rev. Stat. § 28-311.08), make it illegal to knowingly distribute an image or video of another person who is nude or engaged in sexual conduct without their consent. Additionally, the state's laws on extortion (Neb. Rev. Stat. § 28-513) and blackmail could apply to situations where someone threatens to release such materials unless they receive something of value. These offenses are typically prosecuted as felonies or misdemeanors, depending on the severity of the conduct and the harm caused. It's important for individuals in Nebraska to understand that even without a specific sextortion statute, the behavior can still lead to serious legal consequences under related criminal charges.