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 New Hampshire, 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, New Hampshire's laws against extortion (RSA 637:5), non-consensual dissemination of private sexual images (RSA 644:9-a), and harassment (RSA 644:4) may be applied in sextortion cases. Extortion involves obtaining something of value through threats, which can include threats to release explicit images. The non-consensual dissemination of private sexual images statute makes it illegal to distribute or publish intimate photos or videos without the subject's consent. Harassment laws can also be invoked when someone uses communication to threaten another person in a manner that can be considered sextortion. Additionally, federal laws may also apply, especially if the conduct involves the use of the internet or crosses state lines. It is important for individuals facing such situations to consult with an attorney to understand the specific charges that could be brought in a case of sextortion and the potential defenses available.