Blackmailing someone for sex is considered a form of extortion under California law.
When thinking about sexual assault or other sexual offenses, most people generally consider a violent sexual offense. Yet under California law, there are many possible sexual offenses that can be charged as a crime — including what is commonly known as “sextortion.”
Sextortion is exactly what is sounds like: extortion for the purposes of sex. In California, it is also a crime to extort someone for intimate pictures or videos. So what exactly is the crime “sextortion”?
According to a criminal defense lawyer Riverside, CA, extortion is defined as obtaining property or other consideration from someone with his or her consent by the use of fear. An example of this might be if a person threatens their boss with exposing an affair if he or she doesn’t give them a raise. If the “thing” that a person is demanding isn’t money, but sex or intimate pictures, then it can be deemed “sextortion.” In other words, a person is extorting another person for sex or sexual pictures. Importantly, only adults aged 18 and older can be guilty of this crime.
A common question that arises is how sextortion can be a crime if the person is consenting to the sex act or to providing intimate pictures. The answer is simple: because consent is not truly given if it is given under duress. If a man knows that his neighbor is cheating on her taxes, and he demands that she send him sexy pictures to keep him from reporting her to the IRS, she is not sending them voluntarily. She might not have ever have talked to this neighbor, let alone sent him pictures, if he had not threatened her with the possibility of being reported to the IRS. Even though she is taking and sending the pictures on her own, she is only doing so because he is blackmailing her — and that is the crime.
If sextortion is committed by someone who is 18 years of age or older, it is a felony offense. It is punishable by between 2 and 4 years in state prison, and/or a fine of up to $10,000. Attempted sextortion is a wobbler offense, which means that it can be charged as either a misdemeanor or a felony, depending on the facts of the case and the defendant’s criminal history. If it is charged as a felony, it is punishable by up to 3 years in state prison and/or a fine of up to $10,000. If it is charged as a misdemeanor, it is punishable by up to 1 year in county jail.
At the Chambers Law Firm, our criminal defense lawyers Riverside, CA are highly skilled at defending clients who have been charged with all types of California crimes, including extortion and sextortion. We work collaboratively with our clients to put together the best possible defenses to these charges, and will fight to have criminal charges reduced or dismissed. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial appointment with a criminal defense lawyer Riverside, CA.
