SEXUAL EXTORTION

On January 26, 2020, Act 100 of 2019 was adopted, establishing the crime of Sexual Extortion in Pennsylvania. Although this offense was created to help combat internet based crimes against children, this offense also targets adults seeking retribution against ex-lovers.

Sexual Extortion in Pennsylvania Defined

The crime of Sexual Extortion is found at Title 18 Section 3133 of the Pennsylvania Crimes Code, and provides that a person commits this offense if he or she knowingly or intentionally coerces or causes a victim by certain specified means to:

  • Engage in sexual conduct, the simulation of sexual conduct, or a state of nudity; or

  • Make, produce, disseminate, transmit or distribute any image, video, recording or other material depicting the victim in a state of nudity, engaging in sexual conduct, or simulating sexual conduct.

  • The offender engages in one of the means of subjecting a complainant to sexual extortion, described in the section below

Means of Subjecting Complainant to Sexual Extortion

In knowingly or intentionally coercing or causing a victim to engage in sexual conduct or display themselves in a state of nudity, the offender must engage in certain means of subjecting a complainant to sexual extortion. Section 3133(b) sets forth certain threshold conduct that qualifies as a violation, including:

  • Harming or threatening to harm the victim or harm the victim’s property, reputation or something else of value;

  • Making, distributing or threatening to make or distribute a nude or sexual image, video, recording or other material;

  • Exposing or threatening to expose information that would expose victim to criminal proceedings, civil actions, or hatred, contempt, embarrassment or ridicule;

  • Holding out, withholding, or threatening to withhold employment, services, positions or other things of value;

  • Threatening to cause a loss, disadvantage or injury to a victim or a family member

Demanding Property as Sexual Extortion

Under Section 3133(c), a person commits sexual extortion by knowingly or intentionally doing one of the following:

  • Soliciting or demanding payment of money, property, services or other thing of value from a victim or a victim’s family member in return for removing sexual materials (i.e. images and videos) from public view or to prevent disclosure of sexual materials;

  • Disseminating, transmitting, distributing or threatening to do the same regarding sexual materials to another person or entity, including social networking sites (i.e. Facebook, Twitter, Instagram), while soliciting or demanding payment, property or services from the victim or a family member to remove the sexual materials from public view, or to prevent future disclosure of sexual materials.

Grading of Sexual Extortion Offenses

Sexual Extortion generally is graded as a 1st Degree Misdemeanor punishable by a maximum sentence of up to 5 years in prison and a $10,000 fine. However, you may be charged with a 3rd Degree Felony punishable by a maximum sentence of up to 7 years in prison and a $15,000 if the offender is 18 years of age or older, and any one of the following circumstances are present:

  • The victim is under 18 years of age;

  • The victim has an intellectual disability;

  • The offender holds a position of trust or supervisory or disciplinary power over the victim by virtue of the offender’s legal, professional or employment status;

  • The violation is part of a course of conduct of sexual extortion by the offender; or

  • The offender was previously convicted or adjudicated delinquent of sexual extortion.

There is also a sentencing guideline enhancement in cases where the victim is under 18 years of age, the victim has an intellectual disability, or the offender holds a position of power or authority over the victim.

Venue and Jurisdiction for Sexual Extortion Offenses

Scenarios will arise where the offender’s conduct occurred in a different county or state than the victim’s location. Section 3133(f) provides that an offense is deemed to have been committed at either the location where the communication was made or the place where the communication was received. It is expected that most cases will be filed in the county where the victim was located.

Contact the Zuckerman Law Firm if you are under investigation for or are charged with Sexual Extortion in Western Pennsylvania

If you have been contacted by a member of law enforcement, or have been charged with sexual extortion in Pittsburgh or Western Pennsylvania, remain silent and contact the Zuckerman Law Firm today at 412-447-5580 for a free, confidential consultation.