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 Mexico, 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 Mexico's statutes on extortion, harassment, stalking, sexual exploitation, and related offenses may apply to sextortion cases. Extortion, which is covered under New Mexico Statutes Section 30-16-9, involves obtaining money, property, or services by threatening to cause harm, and this can include threats to release explicit images. Additionally, New Mexico has laws against the unauthorized distribution of sensitive images, often referred to as 'revenge pornography,' under New Mexico Statutes Section 30-37A-1, which criminalizes the distribution of intimate visual material without consent. These laws collectively address the behaviors typically involved in sextortion, and perpetrators can be charged accordingly. Victims of sextortion in New Mexico should report the incident to law enforcement and may also seek the advice of an attorney to understand their legal options and protections.