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 Dakota, 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 extortion, blackmail, and the unauthorized sharing of intimate images, which is often referred to as 'revenge pornography.' South Dakota Codified Laws (SDCL) 22-22-31 makes it illegal to disclose private sexual images without consent, which can cover some sextortion scenarios. Additionally, SDCL 22-30A-17 addresses extortion, which could be applied in cases where someone threatens to release sensitive material unless they receive something of value. Sextortion cases in South Dakota are typically prosecuted under these or other relevant criminal statutes, such as those against harassment or cybercrimes.