Is Sextortion a Federal Crime?

 Posted on September 05, 2024 in Computer Crime

Sextortion is a serious crime where someone threatens to expose sexual information about another person unless their demands are met. These demands can include anything from money to sexual favors, but the nature of the demand is largely irrelevant. It is the threat that makes sextortion a crime.

To understand the legal implications of sextortion, it is first important to determine whether it is a federal offense. This is especially true today when technology has not only made sextortion more common but can also determine the jurisdiction of the crime. This article will explore what makes sextortion a federal crime, as well as how to contact an Illinois sextortion defense attorney to review your case.

What Makes Sextortion a Federal Crime?

Sextortion is not mentioned in federal law by name, but it is usually charged under cyberstalking statutes. Cyberstalking is when someone uses electronic communications to intentionally cause someone emotional distress or to place someone in fear of serious bodily harm or death.

Stalking becomes a federal crime whenever it crosses state lines or involves electronic communications. By definition, therefore, cyberstalking is a federal crime.

However, prosecutors may also charge someone suspected of sextortion under other federal statutes, such as:

• Extortion: Using interstate communications to threaten to damage someone’s reputation unless he or she meets certain demands is called extortion.
• Blackmail: Demanding something from a person in exchange for not revealing private information about him or her can be considered blackmail. 
• Wire fraud: Someone who uses wire, radio, or TV communications over state lines to defraud someone can be charged with the federal crime of wire fraud.
• Computer fraud: 18 U.S. Code § 1030, known as the Computer Fraud and Abuse Act, makes it a federal crime to extort something from a person by threatening to obtain private, unauthorized information from his or her computer. 

What Are the Penalties for Sextortion?

The penalties for sextortion largely depend on which statute it is being charged under. For example:

• If it is being charged as cyberstalking, the defendant can be imprisoned for up to five years and receive a fine of up to $250,000.
• If it is being charged as extortion, it is punishable with up to a year in prison and a fine of up to $500.
• If it is being charged as blackmail, it carries up to a year in prison and a fine of up to $2,000.
• If it is charged as wire fraud, it is punishable by up to 20 years in prison and a fine of up to $250,000.
• If it is charged under the Computer Fraud and Abuse Act, it carries up to 10 years in prison and a fine of up to $10,000.

Contact a Chicago, IL Sextortion Defense Lawyer

Sextortion can be charged as any one of several serious crimes. If you are accused of sextortion, protect your rights by contacting the Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney. With experience on both sides of the criminal justice system, we are equipped to build a smart legal defense against the charges brought against you. Schedule a free consultation with an experienced Chicago, IL federal defense attorney by calling 312-629-0669 today.