Online Platforms and Sextortion: Awareness Is Key to Prevention

Law enforcement has noted an increase in a crime known as “sextortion.” Sextortion refers to the process of a scammer extorting payment from victims by securing sexually explicit photos, screenshots, or recordings of a victim through reprehensible means. Even when the scammers receive payment, they often will simply ask for more money immediately or later down the line because victims have no means of ensuring deletion of the blackmail material.

Awareness of Sextortion is Key for Prevention

With unfettered access to the Internet, this ruthless invasion of a victim’s privacy is loosely akin to “revenge porn” where a victim’s ex-partner distributes intimate photos of them after a break-up. Generally, law enforcement has traced many of the scammers to southeast Asia and Africa, which has raised issues about law enforcement’s jurisdiction and ability to catch the scammers.  Moreover, experts note that justice is often also hampered by victims’ unwillingness to report the crime due to embarrassment and the belief that there is no legal recourse. In 2021 alone, there were approximately 18,000 reports of sextortion.

Earlier this year, a seventeen years-old Texas teenager committed suicide after being “sextorted.” The scammers had posed as a teenage girl looking to start a relationship with the young man. Using a fake account, they sent a sexually explicit photo first and requested one from the teenager in return. When they received the photo, they then demanded $5000 from the teenager. Otherwise, they would distribute the photo publicly. After making an initial payment of $150, all the teenager could afford at the time, he eventually committed suicide and left a note detailing the situation.

Unfortunately, sextortion is not limited to the exchange of photographs alone. Some scammers may ask to video chat. They will then take screenshots or record the chat to use against the victim. Some scammers may hack into one’s email, online photo services, or even webcam as other means to sextort victims.

Sextortion Laws in the U.S.

Fortunately, there are sextortion laws. These may vary state to state as there is no federal law that currently addresses it. As of 2019, at least twenty-six states had laws addressing the crime.  In Texas, sextortion is a felony punishable with fines and jail times up to $10,000 and two years. Despite this, however, many remain unaware of the potential of these scams.  To remain vigilant against such crimes, one needs to recognize use of social media networks, online video games, dating mobile apps, and teleconferencing software makes one particularly vulnerable to sextortion schemes.  If a stranger can contact you directly, there will always be potential.

Key Takeaways on Sextortion

A new scam known as “sextortion” is increasing in frequency. To help prevent the crime, it is important for people to be aware of sextortion scams and understand:

• No federal law directly addresses sextortion, but some states do have laws that cover the crime;

• Sextortion is not limited to photographs alone, scammers may use video or voice recordings as well as screenshots; and

• Many scammers have been traced to southeast Asia or Africa, which raises questions about legal jurisdiction.

For more information about social media law, see our Internet Law and eCommerce Legal Services and Industry Focused Legal Solutions pages.