Extorting using sexual images and sex acts will be against the law in California.
California law has long prohibited extortion. Under this law, it is forbidden to (1) use force or threats to compel another person to give you money or other property, to (2) compel a public officer to perform an official act, or, if you are a public official, (3) to act under color of your official right to compel another person to give you money or other property.
Typically, extortion cases are fairly straightforward and are more commonly defined as blackmail. For example, a person may threaten to expose someone’s extramarital affair if he or she does not give him money. That is a straightforward case of extortion: using threats to compel another person to give you money.
Given the rise of what is often known as “sextortion,” a new type of extortion has been added to the books in California. Beginning on January 1, 2018, if a person coerces another person using sexually explicit images to demand sex or more images, he or she will be guilty of the crime of extortion. This represents an expansion of the crime of extortion.
In many cases, perpetrators of “sextortion” may gain illicit images illegally, by hacking into victims’ computers or smart phones in order to take private pictures or videos. In other cases, victims give the pictures, videos or images willingly, and are then compelled to provide more pictures, videos or sexual acts — and are often threatened with their pictures’ release if they refuse to comply.
Under California law, extortion is a felony offense. Penalties may include up to four years in county jail, a fine of up to $10,000 and formal felony probation. In addition, if the person who was extorted was a dependent person or a senior, then that factor will be considered at sentencing. Also, extortion may be considered a “strike” offenses for purposes of California’s Three Strikes law if it is committed in connection with gang activity.
This new crime of extortion using sexual images for the purpose of obtaining sexual images or to coerce someone into sexual acts is potentially very serious. Like all felony crimes, extortion carries with it serious consequences — including the potential for significant jail time. That is why it is so important to have a skilled California sex crimes defense lawyer to represent you.
At the Chambers Law Firm, our team of skilled California sex crimes defense lawyer can work with you to develop a defense to the charge of “sextortion.” For example, it may be that the alleged victim willingly sent the pictures or videos to you — and if he or she consented, then you did not commit the crime of extortion.
If you have been charged with “sextortion” or a related offense, you will need a high quality California sex crimes defense lawyer to represent you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you.
