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 York, 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 New York State laws. These laws include but are not limited to offenses such as coercion, extortion, stalking, harassment, and non-consensual dissemination of sexually explicit material, often referred to as 'revenge porn.' For instance, under New York Penal Law Section 245.15, it is a crime to unlawfully disseminate or publish an intimate image of another person with the intent to cause harm. Additionally, New York Penal Law Sections 135.60 and 135.65 cover coercion and extortion, respectively, which can be applied in cases where someone threatens to release explicit images unless they receive something of value. Victims of sextortion in New York may also seek protection under civil laws and may have the right to sue for damages. It is important for individuals facing such situations to consult with an attorney to understand the specific charges that may apply and the legal remedies available to them.