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 West Virginia, 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. These laws include statutes against extortion, blackmail, sexual abuse, and the unlawful disclosure of intimate images, commonly referred to as 'revenge pornography.' West Virginia Code §61-8C-3 addresses the distribution and display of obscene matter to minors, which can be relevant in sextortion cases involving minors. Additionally, West Virginia Code §61-3C-14a specifically criminalizes the non-consensual distribution of private intimate images, which is often a component of sextortion. Perpetrators can face serious penalties, including fines and imprisonment, depending on the severity of the offense and the specific statutes under which they are charged.