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 Virginia, sextortion is not recognized as a distinct criminal offense under a specific statute titled 'sextortion.' However, such conduct is typically prosecuted under existing laws related to extortion, computer crimes, or sexual exploitation. Virginia Code § 18.2-152.7:1 criminalizes the use of a computer to commit certain acts, including extortion, which could cover sextortion scenarios where threats are made to publish explicit material unless a demand is met. Additionally, Virginia's 'revenge porn' law, under Virginia Code § 18.2-386.2, makes it illegal to disseminate or sell unauthorized nude or sexually explicit images or videos of another person with the intent to coerce, harass, or intimidate. This law could apply to some sextortion cases, especially where private images are threatened to be released without consent. It is important for individuals facing such situations to consult with an attorney to understand the specific charges that could be applicable in their case and the potential legal remedies available to them.