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 South Carolina, 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. These laws include statutes against blackmail, extortion, and the dissemination of obscene material. For instance, South Carolina Code Ann. § 16-15-255 makes it unlawful to disseminate, procure, or promote obscenity, which could cover the non-consensual distribution of explicit images. Additionally, South Carolina's laws against blackmail and extortion, found in South Carolina Code Ann. § 16-17-640, could be applied to situations where someone threatens to release explicit images unless they receive something of value. Victims of such offenses can report the conduct to law enforcement, and an attorney can provide guidance on the specific charges that may apply in a case of sextortion.